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Full text of "Message from the President of the United States : in answer to A resolution of the Senate, calling for the proceedings of the court of inquiry convened at Saltillo, Mexico, January 12, 1848, for the purpose of obtaining full information relative to an alleged mutiny at Buena Vista, about the 15th August, 1847"

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30th Congress, [SENATE. ] Executive, 

1st Session. No. 62. 



MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 

llfS ANSWER TO 

A resolution of the Senate, calling for the proceedings of the court 
of inquiry convened at Saltillo, Mexico, January 12, 1848, for the 
purpose of obtaining full information relative to an alleged mu- 
tiny at Buena Vista, about the 15th August, 1847. 



July 12, 1848. 

Read, and ordered to be printed. 



To the Senate of the United States: 

In compliance with a resolution of the Senate, of the 21st June, 
1848, I herewith communicate to the Senate, a report of the Sec- 
retary of War, with the accompanying documents, containing u the 
proceedings of the court of inquiry which convened at Saltillo, 
Mexico, January 12, 1848, and which was instituted for the purpose 
of obtaining full information relative to an alleged mutiny in the 
camp of Buena Vista, Mexico, on or about the 15th of August, 
1847." 

JAMES K. POLK. 

Washington, July 12, 1848. 



War Department, 
Washington, July 11, 1848. 

Sir: I have the honor to acknowledge the reference to this de- 
partment of the resolution of the Senate of the 21st ultimo, and to 
transmit, herewith, a copy of u the proceedings of the court of 
inquiry, which convened at Saltillo, Mexico, January 12, 1848, and 
which was instituted for the purpose of obtaining full information 
relative to an alleged mutiny in the camp of BuenaVista, Mexico, 
on or about the 15th of August, 1847, which led to the death of 
one of the soldiers, by the hand of Colonel Paine, of the regiment 
of North Carolina volunteers, and for the purpose of investigat- 
ing the facts connected with the dishonorable discharge of certain 
officers of the North Carolina volunteers." The resolution is here- 
*with returned. 

Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 

To the President of the United States. 



[62] 



Proceedings of a Court of Inquiry, convened, by virtue of the fol- 
lowing orders, at Saltillo, Mexico, 

Orders, ) Head-quarters, Army of Occupation, 

No. 13. 5 Monterey, Mexico, December 20, 1847. 

The President of the United States, in a communication from the 
Secretary of War, of October 18th, and in one of October 25th, 
1847, directs that a court of inquiry be instituted, for the purpose of 
obtaining full information in relation to an alleged mutiny, said to 
have taken place in the camp at Buena Vista, Mexico, on or about 
the 15th of August, 1847, which led to the death of one soldier, and 
the wounding of another, by the hands of Colonel Paine, of the North 
Carolina volunteers; and to investigate the facts and circumstances 
connected with the dishonorable discharge of First Lieutenant 
Josiah St Pender, First Lieutenant George E. B. Singletery, private 
Jason Hunter, company A, of the North Carolina regiment of volun- 
teers, and private Thomas King, of company G, Virginia regiment 
of volunteers, in orders No. 404, issued by Brigadier General Wool, 
dated 16th of August, 1847. 

A court of inquiry will, therefore, assemble a^t Saltillo, Mexico, 
at 10 o'clock, a. m., on the 12th of January, 1848, or as soon there- 
after as practicable, and will investigate all the facts and circum- 
stances, and give an opinion on all the points referred to in the 
above mentioned communications. It will be composed as follows: 

Colonel R. E. Temple, 10th infantry; Colonel John W. Tibbatts, 
16th infantry; Major Lewis Cass, jr., 3d dragoons. 

Captain James H. Prentiss, 1st regiment of artillery, is appointed 
judge advocate. 

By command of Brigadier General Wool: 

irwin Mcdowell, a. a. g. 



The following are the orders of the President, referred to in the 
above orders of Brigadier General Wool: 

War Department, 
Washington, October 18, 1847. 

Sir: The accompanying order, No. 404, issued by Brigadier Gen- 
eral Wool, at Buena Vista, 16th day of August last, as it dismisses 
two commissioned officers and two privates from the service of the 
United States, is deemed to be of such a character as to render it 
proper that it should have been submitted to you for such action 
as, under the peculiar circumstances of the case, you might have 
seen fit to bestow upon it; but this does not appear to have been 
done. Without expressing a definitive opinion on the course pur- 
sued, and without scarcely any knowledge of the unhappy occur- 
rences which preceded and led to the issuing of that order> the Presi- 



3 [621 

dent has directed me to transmit it to you for such action as you 
may deem proper to give to it. I am also directed by him to send 
you a copy of a letter addressed by First Lieutenant Pender, of 
the North Carolina regiment of volunteers, tendering his resigna- 
tion and assigning his reason for not making his application for his 
discharge in the usual manner. From these two communications 
it appears that occurrences, much to be regretted, have taken place 
in the camp at Buena Vista. To the end that full information may 
be obtained in relation to the alleged mutiny and the homicide, 
"which appears to have resulted from it, the President directs you 
to institute a court of inquiry to investigate all the facts and cir- 
cumstances of the transactions alluded to, and desires that the pro- 
ceedings of the court may be forwarded, at your earliest conve- 
nience, to this department. 

I have the honor to be, very respectfully, your obedient ser* 
vant, 

W. L. MARCY, 
Secretary of War. 

Major General Z. Taylor, 

Commanding Army of Occupation, Monterey, Mexico. 



War Department, 
Washington, October 25, 1847. 

Sir: You will perceive by an order herewith sent, issued by di- 
rection of the President, that he entirely disapproves of the divi- 
sion order, No. 404, put forth by General Wool, dated 16th of 
August last, whereby First Lieutenant Josiah S. Pender, First 
Lieutenant George E. B. Singletery, Private Jason Hunter, com- 
pany A, of the North Carolina regiment, and Private Thomas King, 
of company G, Virginia regiment, are, without trial, and for aught 
that appears, without being heard, dishonorably discharged from 
the service of the United States, and he has ordered them to return 
to their respective regiments and companies. The right of General 
Wool to issue such an order may well be questioned. The war- 
rant for such a procedure is not found in the rules and articles of 
war, or in the laws of the land, nor is it sanctioned by any usage 
of the service which has come to the knowledge of this depart- 
ment. It is a proceeding repugnant to the most obvious dictate of 
justice, which requires that every person under accusation for a 
crime should have the benefit of a trial — should have an opportu- 
nity to be heard in his defence, before he is branded with the ig- ' 
nominy of being guilty; and more particularly is it so, if the crime, 
as in this case, is one which merits the punishment of death, and 
reflects on the accused an infamy that abides with them through 
life, and becomes an inheritance of dishonor to their posterity. It 
is not proposed by the President, in this or any case, to do any 
thing to relax the salutary rules of discipline in the army, but to 
uphold them and give all needful countenance and support to those 
-whose unpleasant duty it is to enforce them. The officers and men, 
dismissed by the order referred to ? are not sent back to the army 



[ 62 ] 4 

with the expectation or desire that any offences they may have com- 
mitted should be overlooked, but for the purpose of giving an op- 
portunity to deal with them as they shall have deserved. It is 
only in this way that the imputation of crime passed upon them, 
if unfounded, can be effectually rebutted. If guilty of what is 
charged in the order, let them be punished by sentence of a court 
martial. As their dismissal was unauthorized, it will constitute 
no obstacle to proceedings against them in the usual mode of trial. 
The transactions, from which this dismissal resulted, are of a char- 
acter to arrest public attention, and particularly the attention of 
the government, and call for a careful scrutiny. It concerns all 
who have had any direct participation in them, that full investiga- 
tion should be made, and all the facts incorporated into an authen- 
tic record. It is for this reason that the President has directed, as 
I notified you in my communication of the 18th instant, that they 
should be made the subject of a court of inquiry. 

It seems that a state of things existed in the camp of Buena 
Vista, which, in the judgment of General Wool, authorized him 
to dismiss, summarily, and without trial, officers and men from ser- 
vice, stigmatized in a public order as participants in one of the 
highest and most infamous military offences. It is of the utmost 
importance to this officer of high military rank and distinguished 
services, that this matter should be fully investigated; nor is it of 
less importance to Colonel Paine, commanding officer of the North 
Carolina regiment, that he should have the facts and circumstances 
which led to the death of one soldier and the wounding of another 
by his own hauds, thoroughly investigated and authentically es- 
tablished. To this subject it is requested that the inquiries of the 
court should be particularly directed. 

While the government feels itself bound, from high considera- 
tions connected with the best interests of the service, to sustain all 
officers in the rightful exercise of their proper authority, it is bound 
by an equal obligation to guard the rights of those subject to their 
command, and to afford them protection against oppression and 
wrong. 

The government has, I trust, been careful not to give more than 
due consideration to the complaints of those who feel aggrieved, 
and to the representations of others who sympathize in their sup- 
posed injuries; and, under a sense of duty, it could not do less 
than to call for a full inquiry into them. To show that these com- 
plaints and representations came in such a shape, and s^o vouched, 
as to command the attention of the President, and, also, in order 
to bring to your notice the persons whom it may be proper to ex- 
amine as witnesses, I send you copies of some of the communica- 
tions which have been addressed to the President, and to this de- 
partment, on the unfortunate occurrences herein referred to. 

I have the honor to be, very respectfully, your obedient servant,, 

W. L.< MARCY, 



Secretary of War. 



Major General Z. Taylor, 

Commanding Army of Occupation, 

Monterey^ Mexico, 



5 [ 62 ] 

FIRST DAY. 

Saltillo, Mexico, 10 o'clock, p. m., 

Wednesday, January 26, 1848. 

The members having arrived on the 25th, the court assembled 
pursuant to the above orders. Present: 

Colonel R. E. Temple, 10th infantry; 

Colonel John W. Tibbatts, 16th infantry; 

Major Lewis Cass, jr., 3d dragoons. 

Captain J. H. Prentiss, 1st regiment artillery, judge advocate, 
recorder. 

The judge advocate, recorder, having read the orders convening 
the court, the members were duly sworn b)' him, and he by the 
president of the court. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



SECOND DAY. 

Saltillo, Mexico, 
Thursday, January 27, 1848. 

The court met pursuant to adjournment, all the members present. 
In consequence of the indisposition of the judge advocate, the 
court adjourned to meet to-morrow morning, at 10 o'clock, a. m. 



THIRD DAY. 

Saltillo, Mexico, 
Friday, Janury 28, 1848. 

Tlie court met pursuant to adjournment; all the members present. 
In consequence of the continued indisposition of the judge ad- 
vocate, the court adjourned to meet to-morrow at 10 o'clock, a. m, 



FOURTH DAY. 

Saltillo, Mexico, 
Saturday, January 29, 1848. 

The court met pursuant to adjournment: present- all the mem- 
bers and the judge advocate, recorder. 

Colonel R. T. Paine, North Carolina volunteers, having been 
requested by the court to furnish them with a list of the witnesses 
he deemed necessary, to substantiate the alleged mutiny in the 
camp at Buena Vista, on the 15th of August, 1847, 



I 62] 6 

Captain S. Singleton, N. C. regiment, was called at his instance, 
and being duly sworn, testified as follows: 

About dusk on the evening of the 15th of August, 1847, (at which 
time I was adjutant of the regiment of N. C. volunteers,) a num- 
ber of men of the Virginia and Mississippi volunteers were passing, 
in groups of two or three, along the street in front of the officer's 
tents of the encampment of the North Carolina volunteer regiment 
at Buena Vista. At about 8 o'clock the same evening, I heard it 
reported that stones had been thrown at the colonel's tent, (Colonel 
Paine's;) immediately on hearing it, I went up towards the colo- 
nel's tent, and met him; he told me to put on my sword; asked me 
if I had pistols; I did so, and went through different streets of the 
camp, and continued to walk about in different parts of the camp 
until taps; soon after taps 1 was standing in the main street with 
Colonel Paine; several others were present, but I only recollect 
Lieutenant. White. There were a number of rocks, or other "mis- 
siles." fell near us, apparently coming from K company's camp, 
(Captain Tipton's company, but he being sick, 1st Lieutenant Is- 
rael was in command; 2d Lieutenant Goodson belonged to the com- 
pany, but he was also sick.) I then left the street and went up to 
Captain Kirkpatrick's tent. While standing in the door of his tent, 
the colonel (Paine) came up and stated that there were a number of 
the Virginia regiment forming on our right flank, near the Lieut. 
Colonel's tent. I think he was speaking to Lieutenant Singletery; 
I am not certain he was speaking to him, but I heard him give 
Lieutenant Singletery an order to bring up a party of twenty men, 
with the object, as I supposed, of dispersing the collection of Vir- 
ginians; I don't know, however, that he gave that order to dis- 
perse them. The colonel left, going down towards the right flank, 
and Lieutenant Singletery towards the left, where his company 
was stationed. About five minutes afterwards, before I had left 
the tent of Captain Kirkpatrick, I heard the report of a pistol, and 
the order from Colonel Paine to turn out. I immediately commu- 
nicated the order to the companies on the left flank of the regi- 
ment, and then proceeded to the right flank. About D street, I 
think it was, I found the colonel (Paine) in company with a cap- 
tain of the Virginia regiment; I think Captain Robinson. I was 
directed by the colonel to go and see how badly the man was 
wounded. I found the man shot through the body, but not dead; 
Bradley, of A company, N. C. volunteers. When I returned from 
the examination, I think I found General Cushing and his aid, 
Lieutenant Davis, with the colonel. In a short time General Wool 
came up, and Captain McDowell; after which they all went to the 
colonel's tent. In a short time I went to the colonel's tent, and 
inquired if it was necessary to keep the regiment longer under 
arms. The colonel said not, and I immediately gave orders for 
their dismissal. A quarter guard was then stationed at the colo- 
nel's tent, (a guard had been stationed there previously, but it 
was now increased.) The wounded man, (Bradley,) whom I was 
directed to examine, died the following morning. I heard there 
was another man wounded, but I did not see him. 



7 [62] 

Question by Colonel Paine. Do you know of any attempt to ar- 
rest those soldiers whom you say were going about the camp in 
bands; and by whom and at what time? 

Answer. I saw the sergeant major, who had command of the 
guard at the colonel's tent, in pursuit of two^ men, who were run- 
ning from the tent, and not more th.n twenty feet from it, when I 
saw them; one of them I judged, from his dress, to be a member 
of the Virginia regiment. 

Question by Colonel Paine. What appeared to be the size of the 
rocks which you say were thrown when you and Lieutenant White 
and Colonel Paine were standing together in the main street of the 
camp? 

Answer. I could not see them, it was too dark, but from the 
noise they made in striking the ground, they must have been large 
enough, any one of them, to kill a man, had it struck him. 

Question by Colonel Paine. Did Lieutenant Singletery bring the 
twenty men, as ordered, to the colonel's assistance? 
Answer. No, he did not. 

Question by Colonel Paine. Did Lieutenant Singletery report, 
that night, the reason of his not complying with the order to brinp- 
the men ? 

Answer. He never made any report; but, I think, when I was 
going to dismiss the regiment, he inquired of me whether the colo- 
nel still wanted the men from his company, (Lieutenant Single- 
tery's,) and I replied that I presumed not. The regiment had 
been under arms fifteen to twenty minutes. 

Question by Colonel Paine. What reply, if any, did Lieutenant 
Singletery make to you, when you told him that you did not think 
the colonel then wanted the men ? 

Answer. I think his reply was, he was very glad of it, or some- 
thing to that amount; I don't recollect exactly his words. 

Question by Colonel Paine. Was that the whole of Lieutenant 
Singletery's reply ? 

Answer. No; I think he went on, and we had a conversation of 
one or two minutes, during which I understood him to say'he was 
glad the men were not wanted, for he doubted whether they 
would come, or obey the order readily. I gathered this form his 
conversation, but I don't recollect his words. 

Question by Colonel Paine. Had any precaution been taken to 
stop all communications between the North Carolina and the other 
regiments, previous to my order to dismiss the companies of the 
regiment who were under arms ? 

Answer. Yes; a chajn of sentinels had been posted between the 
two regiments, which was kept up during the night. 

Question by Colonel Paine. When you went to see the wounded 
man, by order of the colonel, as you stated, was the company A, 
of which you said he was a member, under arms. 

Answer. I don't recollect. I went immediately to the tent of 
the wounded man; there was a crowd about the door, and I did not 
observe whethe r the company was under arms or not. 

Question by Colonel Paine. Did you see in the street of A com- 



[62] 



8 



pany at that time, soldiers of any other than the North Carolina 
regiment; and how long had the companies then been ordered 
under arms 1 

Answer. I can't say that I did; as I before stated, I went imme- 
diately to the tent, and paid no attention to what was going on> 
further than to the circumstances that there was a great crowd 
about the tent. The regiment had been ordered under arms be- 
tween five and ten minutes. 

Question by Colonel Paine. Had the chain of sentinels, which 
you said were posted between the regiments, been then formed 1 

Answer. I think not, but am not positive. 

Question by Colonel Paine. Who was the commanding officer of 
A company, and where was he when you went to see the wounded 
man. 

Answer, The commanding officer of A company was Lieutenant 
Pender, at that time on the sick report, and I don't know that I 
saw him that night at all; don't recollect that I saw him. 

At this stage of the proceedings, the suggestion having been 
made by a member, the court ordered that such of the parties in- 
terested in the investigation in progress, as were before the courty 
viz: Colonel Paine and Lieutenants Singletery and Pender, North 
Carolina volunteers, should have the privilege of challenging the 
members of the court, and that afterwards the court should be 
sworn in their presence. Accordingly, each of these gentlemen 
was asked by the judge advocate, whether he had any objection to 
any of the members of the court, and the reply, on the part of all, 
being in the negative, the court was sworn in their 'presence. They 
were then asked, by direction of the court, if they waived any 
technical objection, which possibly might hereafter arise, to the 
proceedings of the court thus far; to which they severally an- 
swered in the affirmative. 

In the course of this day's proceedings Lieutenant Pender re- 
quested to be allowed to introduce counsel; which request being 
granted by the court, Private Christopher C. Battle, of company 
33., North Carolina volunteers, appeared in his behalf. 

The court adjourned to meet on Monday, January 31, at ten 
o'clock, a. m. 



FIFTH DAY. 

Satillo, Mexico, 
Monday^ January 31, 1848. 

The court met pursuant to adjournment; the members and judge 
advocate present. 

Examination of Captain Singleton continued: 

Question by Colonel Paine. Had you seen Lieutenant Pender at 
any time on the afternoon of the 15th August, and at what time 
and where, and what was the apparent condition of his health 1 



9 [ 62 1 

Answer. I saw him on the afternoon of the 15th August; he was 
walking about, but was complaining of being sick with an affection 
of the stomach, and talked to me about it. I don't recollect seeing 
him but once that evening, and that about parade, near the quar- 
termaster's tent. 

Question by Colonel Paine. Did you hear any threats made, and 
by whom, against Colonel Paine, on the 15th of August? 

Answer. No; I heard no threats that day. 

Question by Colonel Paine. Do you know when, on the 15th of 
August, the guard was first posted about Colonel Paine's tent; and 
do you know if any difficulty existed in getting a guard? 

Answer. I can't tell the hour exactly the guard was posted, but 
it was about tatoo when I first knew of it. There was a difficulty 
in getting the guard; some of the men refused. There was a call 
on K company for a guard, and, when in ranks, at tatoo, the colo- 
nel himself went into the street of the company, marched the 
company to the adjutant's office tent, and made a detail from the 
left of the company, I believe, but won't be certain. There was 
also a difficulty in getting non-commissioned officers from H com- 
pany, commanded by Lieutenant Singletery. A detail for them was 
made on the company, but not complied with; for what reason, 
I was not informed. 

Question by Colonel Paine. Do you know if any difficulty ex- 
isted in augmenting the quarter guard, after the regiment was called 
under arms that night? 

Answer. Yes; that was the occasion when the difficulty occurred 
in obtaining the detail referred to in my last answer. 

Question by Colonel Paine. Who was the commanding officer of 
the company from which Lieutenant Singletery was ordered to 
bring the twenty men; and what is the letter and what was the po- 
sition of that company in camp; and who and where was the cap- 
tain of that company? 

Answer. It was Captain Price's company, but Lieutenant Single- 
tery was commanding it at the time. The letter is H. Stationed 
on the extreme left of the camp. The captain was on the recruit- 
ing service. 

Question by Colonel Paine. How far was Lieutenant Singletery 
from his company quarters when the order was given to him 
to bring the twenty men to the colonel's assistance? 

Answer. He was in the third company from his quarters; not over 
sixty yards distant, I should think. 

Examination of witness by Lieutenant Singletery. 

Question by Lieutenant Singletery. Was it not usual for the Vir- 
ginians and Mississippians to take the walk you speak of every eve- 
ning? 

Answer. They were in the habit of walking in that particr 
street; the crowd that evening was unusually large. 

Question by Lieutenant Singletery. Have you any reason 

2 



[ 62 J 10 

lieve that any members of the North Carolina regiment were 
engaged in throwing stones at Colonel Paine? 

Answer. I saw no one throw stones, and have no other reason 
for supposing that stones were thrown, by members of the North 
Carolina regiment, than that they came from the direction of com- 
pany K's grounds. 

Question by Lieutenant Singletery. When Colonel Paine called 
on me for the party of twenty men, did he not use the words, 
"Bring them yourself, or send them with your first sergeant?" 

Answer. I don't remember of his using such an expression, I 
was not particularly attentive to the language he used. 

Question by Lieutenant Singletery. When you came to my com- 
pany quarters, to order the company out, did you not find me in 
command of the company, under arms? and what then passed be- 
tween us concerning the guard the colonel had called for? 

Answer. I saw Lieutenant Singletery in the street of the com- 
pany, and the company was "falling in;" I don't think anything 
passed between us at that time. 

Question by Lieutenant Singletery. Was it not very dark at 
the time the stones were thrown, and how far could you have re- 
cognized any one? 

Answer. It was quite dark; I don't know how far a person could 
have been recognized. It was not moonlight. 

Question by Lieutenant Singletery. Could you have recognized 
any one at the distance of ten feet? 

Answer. I could. 

Question by Lieutenant Singletery. Did Colonel Paine consult 
with his officers, generally, with regard to the alleged mutiny? 
and did Colonel Paine, to your knowledge, ever consult with them 
on any subject? 

Answer. I don't know. 

Examination of witness by Lieutenant Pender. 

Question by Lieutenant Pender. Was the guard, previous to the 
firing of a pistol, placed for the personal protection of the colonel, 
or was it to guard the wooden horse? 

Answer. I don't know indeed; I never made the inquiry. 

Question by Lieutenant Pender. Do you not know that my 
health was, at the time of the occurrences on the 15th August, and 
had been, for sometime, quite bad? 

Answer. I know that he consulted with me, and I prescribed 
for him; he was sometimes sick, but never very ill. 

Question by Lieutenant Pender. Were there any orders given as 
to the burial of Bradley, and what were they? 

Answer. He was to be buried without military honors; such were 
the orders I received as adjutant. 

Question by Lieutenant Pender. Had a guard been posted before 
the colonel's tent, previous to the firing of the pistol? 

Answer. There had. 

Question by Lieutenant Pender. Had I not been laboring under 



11 [ 62 J 

jaundice, since I left Camargo, and previous to my discharge, 
threatened with dyspepsia? 

Answer. He had dyspepsia at the time of his discharge; I wag 
not with him until the second or third July. From his own ac- 
count of his case, I supposed his then complaint had arisen from 
the jaundice; I was acting as assistant surgeon at the time referred 
to by me. 

Lieutenant Singletery here submitted to the court two papers, 
hereto appended, marked A and B, and requested that he be per- 
mitted to examine the witness, in regard to the contents of said 
papers, and bring other testimony to prove their authenticity; 
whereupon, at the suggestion of the judge advocate, the court was 
cleared. 

On being re-opened, the decision of the court was announced: 
That they would permit the said papers to be appended to their 
proceedings; and that the applicant should be permitted to examine 
this witness, and any other, in relation to these papers. 

Question by Lieutenant Singletery. State if paper A, now 
appended to the record, is in your hand-writing? If paper B, 
now also appended to the record, is one of the papers referred to 
as enclosed in paper A, and state further, whether or not you did 
not pronounce the statement B correct? And did not all this occur 
about the 28th August, 1847? 

Answer, Paper A is in my hand-writing. I believe paper B is 
one of those referred to in paper A. The paper B was read to me 
by Lieutenant Singletery, together with a number of other papers, 
at Saltillo, in the latter part of August; he asked me to sign that 
paper B, or give him a copy in my own hand- writing; desired me to 
take that and the other papers to camp with me. I did so; and, 
on arriving in camp, I consulted with Major Stokes, by whose ad- 
vice I sent the papers back without examining them myself. I 
think Major Stokes had all the papers in his hands except B. I 
am not certain that I pronounced the paper B correct, in our con- 
versation at Saltillo— -most likely I did. I had but a short conver- 
sation with Lieutenant Singletery on the occasion referred to. 

The court adjourned to meet to-morrow at 10 o'clock, a. m 



SIXTH DAY. 

Saltillo, Mexico, 

February 1, 1848. 

The court met pursuant to adjournment: all the members and 
judge advocate present. 

The proceedings of the previous day being read over, the exami- 
nation of Captain Singleton was continued. 

Question by Colonel Paine. Will you state if any occasion has 
occured when it was necessary to call a council of officers of the 
North Carolina regiment? 

The question being objected to by a member, the court was 



[62] 



12 



cleared. On being re-opened, their decision was announced, that 
the question should be put. 

Answer. None in my opinion. 

Question by Colonel Paine. Do you know of any combination 
or combinations amongst the officers or soldiers of the North Caro- 
lina regiment against Colonel Paine, and if so, state at what time 
these combinations existed, and amongst what officers and soldiers 
of the regiment"? 

Answer. No; I know of none. 

Question by Lieutenant Singletery. Upon reading paper B at 
this time, are you, or not, of opinion that it contains a correct 
statement of the transaction referred to, and, if not, in what does 
it vary from the truth? 

Answer. After perusing paper B, witness stated that he does 
not think the conversation referred to in the paper as having 
taken place between himself and Lieutenant Singletery, at the 
time he went to order out Lieutenant Singletery's company, 
occurred. 

Question by Lieutenant Singletery. State whether or not my 
conduct as an officer during the whole of your acquaintance with 
me tended, in any instance, to encourage insubordination? 

Answer. I don't know that it did. I was not intimate with 
Lieutenant Singletery. I had not been long with him then. 

Question by Lieutenant Pender. Having been acquainted with 
me since the formation of the regiment, what has been my conduct 
as an officer and disciplinarian'? 

Answer. I have never known anything to the contrary of Lieu- 
tenant Pender's being a good officer. We were together until after 
our arrival at Camargo, and afterwards for a short time at Buena 
Vista, before the occurrences of the 15th of August last, about a 
month. 

Question by the court. What other papers besides the one marked 
B were enclosed by you in paper A, when you sent it to Lieuten- 
ant Singletery? 

Answer. They were certificates for the signatures of officers of 
the North Carolina regiment as to the character of Lieutenant Sin- 
gletery as an officer. 

Question by the court. Who discharged the pistol on the evening 
of the 15th of August, to which you have referred in your testi- 
mony? 

Answer. I don't know. 

Question by the court. What was your impression at the time as 
to the character of the occurrences at the camp of the North Caro- 
lina regiment at Buena Vista, on the night of the 15th August last? 
Did you think there existed an intention on the part of the indi- 
viduals engaged in these transactions to resist lawful authority? 
and what appeared to be the general impression in camp upon the 
subject, so far as you could judge? 

Answer. I thought the conduct of individuals engaged, who be- 
longed to the North Carolina, Virginia, and Mississippi regiments, 
in tne disturbances of that night was mutinous. At the time I did 
not suppose any officers were engaged in the mutiny. I believe 



13 [ 62 ] 

the general impression among the officers was that there was no 
mutiny. 

Question by the court. Have you considered the conduct of any 
of the officers of the North Carolina regiment towards Colonel 
Paine, at any time,, to be of a mutinous character? 

Answer. I can't say that I have. 

Question by the court. Please state to the court, whether to 
your knowledge there was any disaffection or seditious or muti- 
nous conduct or disposition to resist proper authority on the part 
of any member or members of the North Carolina, Virginia, or 
Mississippi regiments, previous to the disturbances on the evening 
of the 15th August; and if there was, what was the nature of it, 
and who were concerned in it? 

Answer. The afternoon previous, there was much disorder and 
disorderly conduct among the Virginia and Mississippi regiments. 
They came into the North Carolina camp and destroyed a wooden 
horse which was near the tent of Colonel Paine, making a good deal 
of noise. Previous to that, I heard a good deal of dissatisfaction 
expressed by officers and men of the North Carolina regiment to- 
wards Colonel Paine. They thought him too strict and severe in 
his discipline. Their expressions were not seditious nor mutinous — 
merely those of dissatisfaction. 

Question by the court. Has Colonel Paine's official conduct to- 
wards the officers of his regiment furnished them, in your opinion, 
with any just or legitimate grounds of dissatisfaction with his au- 
thority? 

Answer. I think not. 

Question by the court. What was the general character of the 
officers and men of the North Carolina regiment for subordination? 

Answer. They were thought to be highly subordinate; in fact, 
such was the remark of the whole line. 

Question by the court. Was Colonel Paine's official conduct, in 
consequence of its severity, ever the subject of complaint among 
the officers themselves of his regiment, to your knowledge? 

Answer. Yes; frequently. 

Question by the court. Was it ever the subject of complaint to 
higher authority to your knowledge? 

Answer. No; not to my knowledge. 

Question by the court. Do you know, or have you ever heard, of 
any complaint of the conduct of Colonel Paine amongst the officers 
of the North Carolina regiment having been made to Colonel Paine, 
or through him to higher authority? 

Answer. No, sir. 

Question by the court. Were the officers whom you met during 
the occurrences of the night of the 15th August, indifferent specta- 
tors of the disturbances then existing, or did they seem anxious 
about the result? 

Answer. I thought there was considerable anxiety about the re- 
sult. I met but few of them. The anxiety was that the disturb- 
ances might be suppressed. 

Question by the court. What officers were on duty at the time? 



[62] 



14 



What officers sick and absent; and was the number of the sick and ab- 
sent unusually greatl 

Answer. The number of sick and absent was unusually great. 
The officers on duty, as well as I can recollect, were: company A, 
Second Lieutenant Hyatt; company B, Second Lieutenant Thomp- 
son; company C, First Lieutenant Area, Second Lieutenant Slough, 
and Second Lieutenant White; company D, Second Lieutenant 
Keith; company E, Second Lieutenant McKevall and Second Lieu- 
tenant Staton; company F, First Lieutenant Johnson and Second 
Lieutenant Mitchell; company G, in Saltillo; company H, First 
Lieutenant Singletery and Second Lieutenant Yarborough, (on gen- 
eral guard;) company I, Captain Kirkpatrick; company K, First 
Lieutenant Israel. One of the above officers, whose name I cannot 
recollect, besides Lieutenant Yarborough, was on general guard. 
Colonel Paine was the only field officer present on duty. The rest 
of the officers of the regiment were either sick or absent. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



SEVENTH DAY. 

Saltillo, Mexico, 
Wednesday, February 2, 1848. 

The court met pursuant to adjournment; all the members and the 
judge advocate present. 

Colonel R. T. Paine, North Carolina volunteers, being duly 
sworn, gave the following narrative: 

It was about dusk in the evening of 15th August, I was sitting 
in my tent; had just finished supper; Second Lieutenant Keith opened 
the door of the tent and asked me if I had observed the crowd of 
Virginians, who were passing about the -camp and in front of my 
tent; I told him I had not, but would attend to it. He then left 5 
and I immediately heard the tramp of a large crowd passing imme- 
diately by it, from the direction of the right of the camp. Judging 
from the noise, they turned around the tent to the rear. I then 
stepped out and found them just passing the rear of the tent. 1 
put on my sword and stepped out, when I heard some insulting- 
noises such as I had before been saluted with; perhaps the crowd 
was fifteen to twenty. I said nothing to them, but following on 
passed down the rear of the officers' tents towards the right flank, 
parallel with the ciowd, As I passed the quartermaster's tent, on 
the right flank, I saw Lieutenant Pender and another officer, whom, 
at the time, I took to be the adjutant; they were sitting in the 
tent, I spoke to the officer I supposed to be the adjutant, and told 
him to come with me quickly, that I wanted to apprehend some 
of these men. This remark was made as I hurried past. I walked 
on until I got to the tent of the surgeon, on the left of the Vir- 
ginia camp. I then, on looking round, saw the officer I had 
spoken to, passing from the quartermastei's tent to the tents of 



15 [ 62 ] 

company A, (about half way at the time,) and I then discovered 
he was not the adjutant. I kept on and passed the surgeon's tent, 
and then saw the crowd was coming in towards the line of officers' 
tents of the Virginia regiment. I was just in rear of that range of 
tents. I paused until the crowd got near, and approached them, 
intending to apprehend the foremost man as the leader, a very 
large man. Just before I met them, I heard a man on the right, 
and a little in the rear of the supposed leader say, that he had 
something to do with tearing down the horse the night before; I 
understood him to say, he had taken away some portion of it. I 
immediately confronted him, and ordered him to halt. He showed 
an evident disposition to disobey the order, and I then ordered the 
man next to him to take hold of him, and carry him before Colonel 
Hamtramck, colonel of the regiment. I saw that this man would 
not obey the order, and that both of them were making off, and I 
immediately seized them both by the collar. I held them until 
I told them they would go to their colonel. I told them I was 
field officer of the day, and that they should obey the order, or I 
would cut them down with my sword, and they went before me 
to the colonel's tent. Colonel Hamtramck came out, and I told 
him what had occurred, and that I had no doubt that the man 
(pointing to one of them) had beea concerned in the riot in my 
camp the evening previous. The colonel immediately ordered him 
to be taken to the provost guard. While I was talking to him, the 
other man I had taken escaped in the crowd, which had, by this 
time, collected near the tent of the colonel of the Virginia regi- 
ment. I turned round to the crowd, and spoke of the outrage that 
had been committed by members of the Virginia regiment, in my 
camp the evening previous, and ordered them, both as colonel of 
the North Carolina regiment and field officer of the day, not to 
come into my camp that night. I then returned into my camp; 
stopped at the quartermaster's tent; Lieutenant Pender was in 
there; spoke of what had occurred, and asked why the officer had 
not come, and he replied that the order was not understood; did 
not hear what I said, which I consider very probable, as I gave 
the order hurriedly in passing; said the officer was Lieutenant 
Hyatt, and had gone to his tent. I then went to the tent of 
Lieutenant Hyatt; he was there in the dark without a candle, and 
I asked him why he did not come when I called him; he said he 
thought I had inquired for the adjutant; I think I also expressed 
regret that he did not come, as I had had occasion for his services; 
to which he replied, he would have come had he known that I 
wanted him. I spoke immediately afterwards to several officers, 
of what had occurred during the evening, and then went into my 
tent and commenced writing, first giving my principal musician 
instructions to inform me if he observed any collection of Vir- 
ginians about the camp. I had not thought there would be any 
futher disturbances, supposing the measures I had adopted would 
stop them. 

Not long afterwards, however, my tent was stoned, and I then 
immediately ordered the sergeant major to have a quarter guard 



[62] 



16 



detailed and posted in the rear of my tent, of which guard he was 
put in command. Between the time of giving the order and his 
making a report to me, the stones were thrown at me, or my tent. 
I was at the moment standing outside my tent ten or fifteen feet in 
front; immediately after this, I saw several soldiers, whom I took 
to be Virginia volunteers, passing from the left along the company 
officer's streets towards the right. I ordered them to halt, they 
paid no attention to it, and I pursued them, they paying no atten- 
tion to me, but, on the contrary, cursing me as they ran towards 
the Virginia camp. There were not more than three, four, or five, 
in the party. I judged that the stones came from the left wing, 
both from the direction and from my hearing of the noise. I had 
pursued these men nearly opposite the lieutenant colonel's tent of 
my regiment. (He was very sick at the time.) I went in the tent 
for two or three minutes, came out, and, as I was going to my tent, 
saw two men passing along the company officer's line of tents, 
whom I ordered to halt. They kept on, and started to run along 
the line in front of officer's tents, towards the right wing. I was 
at that time ten or fifteen paces in rear of the officer's tents. Go- 
ing into the line of officer's tents, I ordered them to halt, or I 
would fire. They continued to run fifteen or twenty yards further; 
they were then some forty or fifty yards distant. I could only see 
them by the light of the camp fires in the Virginia regfiment. I 
then went to my camp and continued writing a letter which I had 
been engaged upon. The sergeant major came into my tent and 
reported that he haii the guard, with the exception of the detail 
from K company, and that that detail had refused to obey the order, 
and that he had directed the first sergeant to report to me. The 
first sergeant came to my tent, reported to me the men refused to 
turn out for guard, and that there was a man there from A com- 
pany, by the. name of Hunter^ (who was afterwards dishonorably 
discharged by General Wool, and is one of the men named in the 
order convening the court,) dissuading the men from turning out, 
telling them that they were damned fools if they turned out; that 
his company had agreed not to turn out, or that they would not 
turn out. I asked the sergeant if he had reported this to his officer. 
He told me his officer was then trying to get the men out, but he 
could not get them to obey him. I told him to go immediately 
back to his company, and to send every man to the provost guard 
who refused to turn out on guard, Not long afterwards, perhaps 
ten to fifteen minutes, I went out of my tent to company K, (Lieu- 
tenant Israel in command,) to see if my order had been executed. 
I saw the sergeant, and asked him if he had made a detail; said he 
had not succeeded; asked him if he had sent the men, who had 
refused to obey, to the provost guard; said he could not make his 
men take them. They refused to take them there, I asked him 
where they were. He said that one of them had gone off, could 
not be found; the other man was there, standing ready with his 
gun. I then told him to call upon any of those standing around 
to assist in taking that man to the provost guard; to call upon 
them by name. He called then upon a man by the name of Na- 



17 [ 62 ] 

than Tathum, (private of K company,) and ordered him to get his 
arms and assist in taking those men who had refused to turn out 
for rruard, or refused obedience to the orders which had been given. 
The sergeant went with this man towards the front of the com- 
pany, and remained absent about two or three minutes. The ser~ 
geant told me the man refused to take his arms. I went down to 
where the man was; he was standing by a stack of arms. I asked 
him what he meant by this conduct; he made no reply — stood 
sullen. I ordered him to take his arms instantly from the stack, 
and take those men to the provost guard, or assist in doing it. 
He made no reply, or motion to obey the order. I drew my sword 
and suspended it over his head, and told him if he hesitated one 
instant, I would cut him down. He then took his arms from the 
stack in a sullen and insubordinate manner, throwing cartridge 
boxes and canteens in his way from the stack in a petulant manner 
upon the ground. While he was putting on his accoutrements, I 
returned my sword to the sheath, and he immediately took his 
musket, and, reversing it, rudely and violently stuck the bayonet 
in the ground. Instantly I drew my sword and told him beware, 
that it was the last warning I should give him; that, if he hesitated 
an instant longer to obey the order I had given, I should cut him 
in two. He then instantly shouldered his musket and assisted in 
carrying the men to the guard, except one who had escaped and 
could not be found. The first call for tattoo was then sounding. 
The court adjourned to meet to-morrow, at 10, a, m. 



EIGHTH DAY. 

Saltillo, Mexico, 
Thursday, February 3, 1848. 

The court met pursuant to adjournment: present all the members 
and judge advocate. The narrative of Colonel R. T, Paine, North 
Carolina volunteers, continued: 

This company K was turning out for tatoo roll-call; I remained 
for the purpose of observing whether there was any disorder, as 
well as to see if the man who had escaped would answer to his 
name. He did answer in the ranks towards the left of the com- 
pany. I placed myself immediately behind him, and as soon as 
the roll-call was finished, ordered him to be carried to the provost 
guard, which order was readily obeyed. The prisoner, according 
to my direction, deposited his gun and accoutrements by the tent 
immediately in front of him, making use of some insubordinate 
language, which I do not now recollect. I ordered him to cease 
speaking, and he went off without further remark, until he had 
passed the left of the company, when he turned, and, addressing 
himself to the company, said, "boys, if you are men of your 
words, you will stand up to it," or to me, I am not positive which. 
I immediately turned round and commenced with the orderly ser- 



[62] 



18 



geant, asking him, and each of the non-commissioned officers of the 
company, what this meant; if they knew or had heard of any agree- 
ment among the men to resist my authority. Each of them denied 
knowing anything about it. I then turned to the company, and said 
I would find out what valiant men there were here, who would stand 
up to the man who had just been arrested and sent to the provost 
guard. I directed the orderly to take his roll, and commence at 
the left of the company, calling the names of the men by files, and 
ordered him to mark each man's name who had answered. He did 
so, and as they answered to their names I gave the order to each 
couple to go to the rear of the adjutant's office tent, and report to 
the sergeant major. After the roll had been called, I directed the 
sergeant to require the presence of the men in the rear of the office 
tent, which was done, and all the men answered to their names. I 
took the candle from his hands, and examined the men from 
the right to the left of the company; asked him the names of 
the two men on the extreme left, and detailed them myself on 
guard, and dismissed the company, ordering them to remain in their 
tents. I then went to my tent, and had been in it but a moment, 
when stones were thrown against it. I sent for Sergeant Getsinger, 
of company E, and gave him orders to go to the front of the en- 
campment and ascertain, if possible, who threw these stones. I 
would here state that, at this time, I had some doubt who the per- 
sons were who were engaged in these mutinous acts, and sent this 
sergeant, (Getsinger,) in whom I had great confidence, to ascertain 
who the persons were that were throwing the stones. I then went 
myself into the right wing of the encampment, and ordered all the 
men whom I saw out of their tents to go instantly to their tents, 
and not leave them during the night. I spoke in a tone of voice 
that might be heard by the companies. I intended the whole com- 
pany should hear me; and I cautioned them of the danger of being 
out, particularly. I think " taps" were now sounded; I won't be 
certain whether I then went to my tent or not; but I, about this 
time, met Lieutenant White, who had during the evening manifest- 
ed a desire to stop these irregularities. I had frequent conversa- 
tion both with him and the adjutant, they having manifested a de- 
sire to put a stop to the irregularities then going on. While I was 
talking with him at the head of the main street, a large stone was 
thrown, which, I think, struck the leg of Lieutenant White's pan- 
taloons, and I remarked to him he had better stand apart; that he 
was in dangerous company. This rock appeared to come from the 
direction of K company, (so I judged from the noise.) I very soon 
left him and went through the right wing of the camp to see if 
any men were out of their tents. I saw a man, either of D or E 
company, walking towards the officers' tents of that company, and 
he told me he was going to the officers' tent. I ordered him imme- 
diately back to his own tent, and told him I would send the next 
man to the provost guard whom I caught out of his tent. Going 
through the right wing of the camp I went to the front, passed 
along towards the left wing and found Sergeant Getsinger, and in- 
quired of him if he had seen anything. He told me he had seen 






19 [ 62 ] 

one man out of company H, but he did not think he had thrown 
any sto.es. He heard some stones fall, which he had supposed 
came from the rear. I then dismissed him, thinking everything 
would remain quiet. I remained there a few moments myself, and 
passed up the streets of company B or F, I am not positive which; 
I stopped at the tent of Captain Kirkpatrick, the 4th company 
from the left; I there saw Lieutenant Singletery, Captain Kirk- 
patrick and Lieutenat Dunham, the latter sick in bed; had a con- 
versation then, of a few moments, passed on; stopped at the tent 
of Captain Shive, who was then dying. While I was there, one of 
the musicians ran up to me and told me a large crowd of Virginians 
was coming up towards the right flank, that they had stopped some- 
where near the lieutenant colonel's tent, (Lieutenant Colonel 
Faggs). I then saw Lieutenant Singletery, near or at the tent of 
Captain Kirkpatrick, called upon him to bring immediately to my 
tent twenty men from his company, telling him that this crowd of 
Virginians was coming up. He then left me and went of towards 
his company. I returned and stood at the tent of Captain Shive 
for a few moments. I neither saw or heard that there were any 
preparations to get the men I had called for. I then went to my 
tent, perhaps for five minutes, anxiously expecting Lieutenant 
Singletery to arrive; I heard nothing of him, and concluded I 
would go down to the right, where I had learned the crowd were 
and see what they were after, believing them to-.be in rear of the 
lieutenant colonel's tent. I passed along close in rear of the com- 
pany officers' tents. As I opened upon the street of D company, 
the second company from my tent, on the right wing, I came sud- 
denly on a large crowd, thirty persons at least, whom I took, from 
the uniform, to be Virginians; at all events, I knew they did not 
belong to the North Carolina regiment; some of them had on over 
coats; and the crowd were engaged in a conversation, or consulta- 
tion, carried on in a low tone of voice. I challenged the crowd from 
where I stood, perhaps six or eight paces, and called "who stands 
there." At the first call they started; called a second time and re- 
ceived no answer. I then ordered them to halt, and I advanced 
towards them. I suppose I got within two or three steps of them, 
when the crowd began to break. I ordered them to halt, or I 
would fire. The crowd then commenced dispersing; went off in 
two bodies, a portion going to the right and a portion to the front. 
I ordered them repeatedly to halt, or I would fire; and when that 
portion of the crowd, which broke to the front, got nearly to the 
front of the company tents, a voice called out from the crowd, 
"fire, God damn you." I immediately discharged my pistol. As 
soon as the discharge of the pistol had been heard, some one im- 
mediately called out "ah, God damn him, he has shot me in the 
hand." I then, in a loud voice, called out the whole regiment under 
arms. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



[62] 



20 

NINTH DAY. 



Saltillo ? Mexico, 
Friday, February 4, 1848. 

The court met pursuant to adjournment. 
Present: All the members, and judge advocate. 

The narrative of Colonel Paine continued: 

As soon as I gave the order for the regiment to turn out, I went 
immediately to the left wing, saw the men of company C, first 
Lieutenant Area, getting ready under arms; passed to the next 
company, I, and found Captain Kirkpatrick had his company un- 
der arms; I think he asked me what I should do; just at that time, 
I saw some persons moving just in front of his tent, and I directed 
him to take some men and see who they were, which he did very 
readily, and reported to me they were some of his men who had 
just come out of their tents. I then hurried back to the right 
wing, and observed Lieutenant Nichols, of D company, exerting 
himself to get his men under arms. I passed on to the extreme 
right, company A, and saw a large number of Virginians in the 
street, and called out, why these men were not driven out of camp. 
I saw no one under arms in that company. Lieutenant Pender 
was then the commanding officer of the company, and Lieutenant 
Hyatt the next. I turned immediately round, with the intention of 
bringing up Captain Kirkpatriek's company to expel these men from 
the Gamp, and had proceeded nearly to the left company of the 
right wing, when 1 was met by second Lieutenant Buck, (now 
Captain, who was then extra aid to General Gushing,) and he told 
me that Bradley, of his company, (A,) was shot. I gave him direc- 
tions to have him taken to his tent. I then passed on and was im- 
mediately overtaken by Captain Robinson, Virginia regiment. I 
don't recollect what conversation passed on my part, but he said to 
me, don't go down to the right flank again or you will certainly 
be killed. I have understood that your life has been threatened. 
A short conversation then passed between us, in which I said I 
should certainly go to the right flank, when General T Cushing joined 
us. We were at that moment walking towards the left wing of the 
camp. I was stopped by General Gushing, when Captain Robinson 
told him the advice he had given me from what he had heard, and 
the General then requested I would go into my tent, in front of 
which we were then standing. We went into the tent together, 
and just at that time General Wool and Captain McDowell came 
over, I won't be certain whether they came just before or after we 
entered the tent. A conversation then took place of what had oc- 
curred, and I spoke of going out of the tent, when the General 
told me there was no necessity for it; that he had given orders to 
have a line of sentinels placed between the camps, I think he said 
a chain between the several regiments. 

I desired then to strengthen my quarter guard, and to get non- 
commissioned officers in whom I could place confidence, the ser- 
geant-major being required for other services. Supposing Sergeant 



21 [ 62 ] 

Hardee of H company to be such a man, I directed him to be detailed. 
He refused to come; sent me word he was sick. I then sent the 
surgeon to examine to see if he was sick. He reported that the ser- 
geant was not too unwell to perform duty. I then ordered Ser- 
geant WebB of B company to be detailed, and he came, received his 
instructions, posted the guard agreeably to my orders, and took 
charge of it all night. After Sergeant Hardee had refused obedi- 
ence to the detail, General Wool advised me to take a guard of re- 
gular troops, which I declined. After the guard was strengthened 
I went over with General Wool to his tent, General Cushing in 
company. Soon after arriving there I related the occurrences as 
they had transpired during the evening, and the general advised 
that I should remain at his quarters during the night. I declined 
doing so, because I did not wish to remain out of my regiment. I 
left the general's tent in company with General Cushing and Mr. 
Davis and an orderly, at a late hour; after twelve o'clock. Gene- 
ral Cushing urged me to spend the night at his tent. I declined 
doing so, and he then insisted on sending his aid, Lieutenant Davis, 
to accompany me to my tent. I then called my orderly into my 
tent with his arms. I think, but I am not certain, that the sergeant- 
major remained in the tent during the night. I went to bed and 
every thing remained quiet during the night. I neglected to men- 
tion that when the guard was first posted over my tent, I ordered 
the sergeant-major to place the guard in rear and post the sentinels, 
one near the oven, and the other in the rear of the tent; to permit 
no one to pass except men of my own regiment, and to apprehend 
every one who approached the guard who did not belong to the re- 
giment. Next morning at reveille I walked to K company. The 
men were at the time in ranks for reveille roll-call. I observed a 
very large man on the right of the company turn his face towards 
me, and with a malignant look. I walked up to him and asked him 
who he was. He replied interogatively, who am I? I rejoined, 
yes, what is your name? And he replied, Williams. I then asked 
him if he had been engaged in the mutiny of the night previous, 
and he replied, il yes, I was, if there was one." I immediately or- 
dered him to betaken to the provost guard, and he was accordingly 
confined. After drilling my regiment the same morning, and when 
returning to my tent, I met Lieutenant David Johnson of my regi- 
ment, officer of the guard that day, and told him I desired some con- 
versation with him after breakfast, and said that I must have more 
support from my officers than I had had last night. I understood 
afterwards that Lieutenant Johnson called that morning, but I did 
not see him. Not long afterwards a paper was presented to me re- 
questing me to surrender my commission as colonel of the North 
Carolina regiment. 

The court then adjourned to meet to-morrow at 10 o'clock a. m. 



[ 62 ] 22 

TENTH DAY 

Saltillo, Mexico, 
Saturday^ February 5, 1848. 

, The court met pursuant to adjournment. Present: all the mem- 
bers and judge advocate. 

On motion of a member, the court adjourned over till 10 o'clock 
a. m. Monday, 7th February. 



ELEVENTH DAY. 

Saltillo, Mexico, 
Monday , February 7, 1848. 

The court met pursuant to adjournment. Present all the mem- 
bers and the judge advocate, recorder. 

Colonel Paine here desired to add to his previous testimony that 
at the time he fired the pistol both the lieutenant-colonel and major 
of the regiment were sick, but that the major got up and came out 
of his tent and was very active in restoring order. The lieutenant- 
colonel was very ill. 

Here the other officers before the court, and interested in the re- 
sult of the investigation, were asked if they had any question to 
propound to the witness, to which they replied in the negative. 
The court then put the following: 

Question by the court. Examine the papers now shown yoa 
marked C and D, to be attached to this record, and state all you 
know about them, if any thing'? 

Answer. I know that sometime early in the forenoon of the 16th 
August last I received the paper C. I don't recollect how I re- 
ceived it, but I think I found it on the table in my tent. Paper D, I 
first saw in General Wool's tent on the 17th. On the morning of 
this day, and before I saw the paper D, all the officers whose names 
are signed to paper C, except first Lieutenants Singletery, Pender, 
D. S. Johnson, and Dunham, (not positive as to second Lieutenant 
Wiley or Captain Tipton) had tendered their resignations to me. 
Subsequently, and immediately afterwards, Captain Kirkpatrick 
withdrew his resignation, saying he had not supposed his resigna- 
tion had been presented to me; that he had signed the paper (C) 
with no ill feeling towards me, but solely out of regard for my per- 
sonal safety; that he had heard my life had been threatened, and 
he believed it would be taken if I remained in the regiment. The 
same explanation was made by Lieutenant Dunham at the same 
time. They came to my tent together. 

This explanation of Captain Kirkpatrick was made before his 
resignation had been received by me. He said he was greatly sur- 
prised that any one should suppose he had been inimical to me, or 
had desired that I might leave the regiment, except out of regard 
for my personal safety. Other officers, whose names are signed 
to paper C, subsequent!) made explanations to me, which are satis- 



23 [ 62 ] 

factory. Captain Tipton stated he was very ill at the time, and 
was not aware that he had signed the paper. He, Captain Blalock, 
First Lieutenant Israel, Second Lieutenant Keith, and First Lieu- 
tenant Nash, afterwards expressed their entire satisfaction with the 
manner I had generally performed my duty — at least, so I under- 
stood them; could not be mistaken as to the substance of what they 
said. Captain Tipton was, as I before stated, very sick on the 
15th of August, and subsequently went to town for his health; and 
it was not till after he had recovered that he made the above state- 
ment to me; at the same time informing me that a previous paper 
had been brought to him for signature, complaining of my conduct, 
which was intended to be sent to General Taylor, containing gross 
misstatements respecting me, and said he had refused to sign it. 
Before this conversation, I had seen the paper last referred to. The 
paper now shown me is the one — see paper, marked E, hereto ap- 
pended. This paper was handed to me by General Wool himself; 
calling, by an endorsement on the back, for a report from me. I 
told the general that I had nothing to say in my defence, further 
than I hud acted conscientiously; that I would make a report as to 
the facts alleged in the paper, but would prefer he should call upon 
officers of the regiment for a statement regarding my conduct, re- 
ferring him to two or three officers by name. I accordingly made 
a report in writing. The paper hereto appended, marked F, being 
shown to the witness, he stated that it was the report referred to. 

Question by the court. Have you seen Lieutenants Pender and 
Singletery write, and are you, or not, acquainted with their hand- 
writingl And if so, are their names assigned to papers C and E, 
in their proper hand-writing, respectively? 

Answer. I am acquainted with the hand-writing of Lieutenants 
Pender and Singletery, and have seen them write; the body of paper 
C is in the hand-writing of Lieutenant Pender. The signatures of 
both those officers, to both papers, (C and E,) are in their proper 
hand-writing. 

Question by the court. You have alluded to some disturbance, 
and the destruction of a wooden horse, on the night of the 14th 
August. Will you explain to the court all about that disturbance, 
and the wooden horse alluded tol 

Answer. Several days before the 14th August, I was standing 
near the lieutenant colonel's tent of the North Carolina regiment. 
The lieutenant colonel, my adjutant, Lieutenant White, and per- 
haps other officers, were present. We were laughing at a very rude 
bench which had just been made for the lieutenant colonel, and 
which was standing by the tent, when a report was made to me of 
several men of my regiment, who had frequently been derelict in 
their duties — such as roll-call and police duties — and who were 
very dirty in their clothing, (the last fault not very uncommon, at 
that time.) I had attempted, in various ways, to reform these men, 
and asked, in a tone of despair, what I should do with these men. 
Some one of the officers — I don't know who — remarked, ride them 
on a rail! I turned to the carpenter who had made the bench for 
the lieutenant colonel, and told him to make a similar one for me. 



[62] 



24 



but with longer legs, and I would give these men a ride, if they 
did not reform. The carpenter accordingly made a bench, which 
was afterwards called a horse, and is the one alluded to in the pre- 
vious testimony. It was placed near the rear of the adjutant's 
office tent, and there remained for several days, without any 
occasion occurring for using it — although I would have used it, had 
there been occasion. I frequently saw the men of the regiment 
laughing and joking about it; I had no idea that there would beany 
commotion or disturbance about it, or I certainly would have put 
a guard over it — until the evening of the 14th, before dark. I was 
at that time in the officers' tent of company F, reading a letter 
which Captain Graves had shown me, when I heard a great noise 
in the direction of my tent; and, on going up, found the lieutenant 
colonel very much excited, and a number of the other officers of 
my regiment highly amused. I do not know who they were. I 
learned, immediately, that a crowd of about one hundred soldiers, 
of the Virginia regiment, had been up, and broken down the horse; 
and that the lieutenant colonel of the North Carolina regiment 
had tried, in vain, to get out some men to arrest some of 'the party. 
He had put the first sergeant of D company in arrest, for not turn- 
ing out his men. I don't know whether he called upon any other 
person or not. 

On inquiring into the case afterwards, I found that the sergeant 
was not to blame; that he had been unable to get his men to turn 
out. I expressed my utter astonishment and indignation to the offi- 
cers present at their permitting such an outrage to take place in the 
regiment; and I made inquiries of several persons, both officers and 
men, standing near, whether any of the party of Virginians could 
be recognized'? And on receiving the reply that they did not know 
who they were, went down to the Virginia camp for the purpose 
of reporting the outrage to C©lonel Hamtramck, of the regiment. 
He was out of camp at the time, but I repoited to the lieutenant 
colonel, (Randolph,) and afterwards to the colonel himself. They 
both expressed themselves highly indignant at the outrage. Some 
conversation took place between the colonel and myself, in which 
I told him no one would acknowledge that they recognized any of 
the party. He spoke of an inquiry into the matter, but it was 
agreed between us that it was useless, as so many were implicated 
it would be impossible to get any evidence on the subject. 

Question by the court. Was paper E sent to General Taylor 
through you, or the adjutant of your regiment, or Gen. Wool 1 ? 

Answer. I never saw the paper until it was shown to me by Gen. 
Wool, on the 27th August, and never heard of it before that time; 
nor had I ever heard, up to that time, of any complaint having been 
made by any of my regiment, or any one else, respecting the mat- 
ters alleged in that paper. 

Question by Lieutenant Singletery. Were any statements made 
by you to General Wool, concerning the conduct of Lieut. Pender 
and myself, about the time of our dischargel 

Answer. I made an official report in writing, as field officer of 
the day, to General Wool, dated August 16th, in which I think 



25 [ 62 ] 

Lieutenant Singletery was referred to. The paper G, hereto ap- 
pended, being shown to the witness, he recognized it as the report 
referred to. I had spoken to General Wool previously about both 
of these officers. The general being present on one occasion, or- 
dered the arrest himself of Lieutenant Pender, for positive dis- 
obedience of orders. I don't recollect how long it was previous, 
but think some weeks. 

Question by Lieutenant Pender. What was the cause of that ar- 
rest? 

Answer. Lieutenant Pender was a member of a court martial, 
not then in session, and at battalion drill, or parade, I do not re- 
member which, Lieutenant Pender was absent, walking about the 
camp, and I directed Lieutenant Johnson, the acting adjutant, to 
order him out on duty. He returned and reported to me an answer 
from Lieutenant Pender which I considered a subterfuge; I think 
it was, however, that he being a member of a court martial, the 
regulations excused him from the daily camp duties. General Wool 
being present, at the time the adjutant made his report to me, im- 
mediately ordered Lieutenant Pender to be placed in arrest. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



TWELFTH DAY. 

Saltillo, Mexico, 
Tuesday, February 8, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate, recorder. 

Examination of Colonel Paine continued: 

Question by Lieutenant Pender. Did you not report me to Gen- 
eral Wool for disobedience of orders, and did he not, on the repre- 
sentation of the circumstances by me, immediately order my re- 
lease? 

Answer, I know not what passed between General Wool and 
Lieutenant Pender, and cannot undertake to say whether General 
Wool deemed his explanation satisfactory or not. The general 
ordered his release from arrest. 

I will here state, in continuation of my testimony of yesterday, 
respecting the reports I had made to General Wool of the conduct 
of Lieutenants Pender and Singletery, that I had reported to the 
general, previous to the 15th of August, the conduct of both these 
officers; I reported Mr. Singletery for indolence and gambling in 
camp, and also for a testy and fractious sp; it, exhibit towards me 
when I thought there was no occasion for it. I had had very great 
difficulty with him — more than with all the other officers of the regi- 
ment, in getting him up at reveille; indeed, the subject had given me 
so much difficulty that I bad been compelled to give the orderly 
sergeant orders not to call the roll until the officers came out; not- 
withstanding which orders, I myself heard Lieutenant Singletery 

3 



[62] 



26 



order his acting first sergeant to call the roll and consider that he 
was there, although he was in his tent; and I have had to turn that 
company out myself at reveille, after some of the other companies 
had been dismissed, and when not a man of the company was out 
of his tent. 

I spoke to General Wool about Lieutenant Pend*r ? s want of at- 
tention to his company. I thought at the time, and still think, he 
exhibited more carelessness towards his company than any other 
company commander in the regiment. I well remember that on 
my arrival at Cerralvo, where I found Lieutenant Pender with his 
company, under the command of Major Stokes, about the middle 
of June last, his company was in a distressing situation, with much 
sickness, owing to want of attention to the diet of the men, and the 
laughing-stock of the rest of the command. It was reported to me that 
the men were permitted to gorge themselves with green corn, and 
whenever they failed to turn out, the men of the other companies 
used to call out, "throw them an ear of corn." To this cause I attri- 
buted the great sickness in this company; in fact, I think the sick- 
ness generally in the regiment was owing to a want of attention to 
the diet of the men. The noncommissioned officers of this com- 
pany had less command over their men than those of any other 
company of the regiment; on several occasions I was compelled to 
punish the men very severely for disrespect to them. The com- 
pany was in a very poor state of discipline and instruction, up to 
the time of its passing into the hands of it^present captain. I spoke 
of all these things to General Wool, as well as of the fact of his 
having silently permitted a gross outrage to be perpetrated by the 
teamsters, in the destruction of a cornfield, while on the* march in 
the latter part of June. He witnessed this outrage, being in com- 
mand of that part of the train where it occurred, and made no en- 
deavors to put a stop to it. I heard nothing about it until the fol- 
lowing day, when General Taylor referred the matter to me for 
investigation, and such action as I thought proper to take in rela- 
tion to it, I punished the men engaged in the outrage, and arrested 
Lieutenant Pender, and he continued in arrest till alter his arrival 
at this place. 

I am not aware that these circumstances had any influence with 
General Wool in causing him to dismiss these officers. I supposed 
he had dismissed them for signing the paper C. I had no confer- 
ence on the subject with General Wool, previous to the dismissal 
of these officers. I received a note from the assistant adjutant gen- 
eral, Captain McDowell, informing me that the general wished to 
see me; this was on the 16th of August, about 10 o'clock, a. m. I 
immediately went over, found General Cushing there, and the pa- 
per (marked C) lying on the general's table. General Wool stated 
to me, pointing to the two first names on the list, which were those 
of Lieutenants Pender and Singletery, that he would dismiss these 
two officers from the service; and intimated, as I thought, (did not 
say it in words, but I judged that to be his meaning,) that 
he would pursue the same course with the next two the following 
day, unless they returned to their senses; remarking to me that 



27 [62 ] 

I had better give my officers some advice as to the danger of their 
position. I left his tent soon after with General Gushing, 
and asked him if I was mistaken in General Wool's meaning. He 
told me I was not, and that I had better advise with my 
officers about their conduct. I immediately went to my tent and 
sent for Second Lieutenant Mitchell, who was the youngest officer 
in age, in the regiment, and I advised with him about the proceed- 
ings of the night previous; told him the situation officers placed 
themselves in by signing paper C; how it was looked upon in mili- 
tary law, and advised him to withdraw his name from that paper. 
His reply to the advice was, that he would do it if the other offi- 
cers would do so. I immediately thought, from the conversation, 
that, there had been a combination, and that the parties signing the 
paper had agreed to stick to it. I then went to General Cushing's 
tent, apprised him of what had taken place between Lieutenant 
Mitchell and myself, and stated to him that I thought I could not 
influence my officers, and desired him to send for them and advise 
with them himself, which I understood he did. 

I would here remark, that some time after the dismissal of these 
officers, and I had time to notice its effects, I told General Wool 
that he had undoubtedly taken the best course possible for the 
good of the regiment; that an entire change had taken place in the 
conduct of both officers and men, which had become unexception- 
able. Some excitement continued for a few days after the occur- 
rences of the night of the 15th of August, but afterwards, and until 
the return of these officers, there was no commotion or excite- 
ment in the regiment. There has been a great deal since. 

Question by Lieutenant Singletery. Did you ever inform me of 
your report, made to General Wool, in reference to my conduct; or 
were they secret statements as far as I was concerned, except with 
regard to getting up at reveille*? 

Answer. No, I don't know that I ever did tell Lieutenant Sin- 
gletery that I had reported him to General Wool. The reports 
were called forth by inquiries of the general, in conversation, as to 
the character of the officers of the regiment. I spoke to Lieu- 
tenant Singletery about his conduct, and, 1 believe, I suggested 
to the general that he had better speak to Lieutenant Single- 
tery himself, in reference to his conduct, which, I understood, 
he did. 

Question by Lieutenant Singletery. Do you mean to state that I 
was generally indolent, in the discharge of my duties as a com- 
pany officer! 

v Answer. No; when Lieutenant Singletery was in command of his 
company he had as good control over his men as any officers of the 
regiment over theirs. His indolence and neglect consisted princi- 
pally in his sleepy habits. He would sometimes excuse himself 
from duty by merely reporting himself sick on the company 
morning report, and after breakfast return to duty. The standing 
orders were that any officer who was sick should report either in 
person or writing to the adjutant, before he could be excused 
from duty, and the adjutant was instructed to report the fact to 



[62] 



28 



the surgeon, because some of the officers would not report their 
sickness to the surgeon. Both Lieutenants Singletery and Pender 
were once arrested for failing to comply with these orders. These 
arrests were made either by the orders of Generals Wool or Gush- 
ing. I never, that I remember, myself arrested but two officers 
while at Buena Vista; one for neglecting to turn out the guard to 
me, and the other for allowing me to pass the chain of sentinels, 
twice late at night, when he was officer of the guard, and I was 
field officer of the day, without my being challenged. The first 
case was Lieutenant Hinesman, I think, commander of the provost 
guard; the latter, Lieutenant Singletery. 

Question by Lieutenant Singletery. Were there not pieces 
attached to the extremities of the bench you speak of, to represent 
a head and tail? « 

Answer. Yes, I believe there was. 

Question by Lieutenant Singletery. Please mention the names of 
the officers referred to on page 52 of the record, ninth line from 

the top? 

Answer. Lieutenant Colonel Fagg, Major Stokes, the original 
adjutant of the regiment, now Captain Buck, Captain Henry, the 
surgeon of the regiment, Dr. Cobb; don't recollect whether I re- 
ferred to any one else or not. 

Question by Lieutenant Singletery. Do you ascribe the revolu- 
tion in the regiment to the absence of Lieutenant Pender and my- 
self? And state the proportion of officers and men in the North 
Carolina regiment who have been court martialled before and since 
that time; and, do you mean to say that we have attempted to cre- 
ate any disturbance since our return? 

Answer. I ascribed it to the action of General Wool in refer- 
ence to the disaffection of the officers of the regiment towards me; 
I dont know that, at that time, I thought it was, in a great meas- 
ure to be ascribed to the absence of Lieutenant Singletery, but I 
think so now; for I did not then know the extent to which the 
disaffection had been carried. As far as regards Lieutenant Pen- 
der, I never heard of any disaffection on his part, of a very fla- 
grant character. 

The court adjourned, to meet to-morrow at 10 o'clock, a. m. 



THIRTEENTH DAY. 

Saltillo, Mexico, 
Wednesday^ February 9, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers, and the judge advocate, recorder. 

Continuation of the examination of Colonel Paine: 
Witness desired to add to his testimony given yesterday, that, 
upon reflection, he recollected two other instances in which he 
personally arrested officers at Buena Vista. One of these officers 
is not now in service. 



29 [ 62 ] 

In answer to the second branch of the last question propounded 
to him yesterday, witness states, that previous to the 15th August 
last, very few men of the regiment had been court martialled; they 
had been guilty of no offences of a nature requiring them to be 
brought before a general court martial, except in a few cases. 
There were cases which might have been brought before a gar- 
rison or regimental court, in which I punished the men myself, 
as I was advised it was my province to do. I think there were 
two officers court martialled before the 15th August, both of whom 
are now out of the service. There have been three court mar- 
tialled since, who were under my immmediate command, and one 
who was stationed at Saltillo under Major Washington, of the ar- 
tillery. The arrest of the last case was not made by me. The 
number of men brought before courts martial since the 15th Au- 
gust has been much greater than previously, for I have been much 
more strict in my discipline. 

In answer to the third and last branch of the question, witness 
states that he does not know what they have attempted to do; but 
he understands that, since the return of Lieutenant Singletery to 
camp, he has been guilty of gambling in his tent, in positive vio- 
lation of standing orders, at a late hour at night, and that he 
would not put out the light when told to do so by the officer of 
the day. He has also understood that a petition was gotten up ? 
or attempted to be gotten up, in camp, to be sent to the governor 
of North Carolina, proscribing one of the best officers in the regi- 
ment; and he has also understood that Lieutenant Singletery was 
one of the signers of this petition. 

Question by Lieutenant Singletery. Please state on what occasions, 
and in what company you have known of my gambling? 

Answer. Of my own knowledge, I remember but one instance; 
this one is brought to my mind by the circumstance that it occur- 
red the night after his release from arrest. I sent for him the day 
after, and admonished him on the subject. The gambling was at 
Lieutenant Singletery's tent. I do not recollect, certainly, who 
composed the party, but I think Lieutenant Pender was present. 

Question by Lieutenant Singletery. Do you not know that when 
the officer of the day ordered me to put out the light, the com- 
manding officer of the camp was present? 

Answer. I do not. 

Question by Lieutenant Pender. You have stated that I was ar- 
rested for not reporting myself sick. Do you allude to the time 
before mentioned, when I was arrested for disobedience of orders? 
(being detailed on court martial, I considered myself already ex- 
cused from drill;) and if not, at what time did this arrest take 
place? 

Answer. I do not allude to the occasion when he was on the 
court martial; I can't state the time, but I think it was not long 
before the disturbance of the 15th August. He was arrested by 
my order, for being absent from parade. On the occasion when 
he was arrested for not reporting, according to orders, in conse- 
quence of absenting himself from duty, he came to me and told 
me he was sick, and I released him. 



[62] 



30 



Question by Lieutenant Pender. Who was acting adjutant at 
that arrest? 

Answer. I don't recollect. I think I had three different adju- 
tants between the 1st and 5th of August. 

Question by Lieut. Pender. Did you or not give Generals Wool 
and Cushing to understand that you would change your course of 
conduct towards the regiment, and that you would not insist on re- 
taining the wooden horse or bench as a mode or punishment? 

Answer. No, I did not; but on the contrary, I had the wooden 
horse taken to the camp to which the regiment moved, and gave 
orders to the guard to shoot any man who put his hand on it. And 
it was placed, by my orders, on the top of everything in the wagon, 
in order that it might be seen in going out of camp. This was on 
the 18th August, I think. I asked both Generals Wool and Cush- 
ing what complaints my officers made against me; for I was anxious 
to retrieve any error that might be brought to my mind; for I was 
entirely ignorant of these ill feelings, except so far as I have stated. 
They both informed me that there was no complaint against me, 
except that I was austere in my manners. I told both the generals 
that I was not aware that I exercised any more austerity than was 
my duty. They did not tell me that any specific charges were 
made against me. 

Question by Lieut. Singletery. Was the wooden horse ever 
erected or used after the camp was moved? 

Answer. There was no occasion for the use of it. There were 
very few offences or neglects of duty committed by officers or men 
for nearly a month after the camp was moved; a radical change 
had taken place in the conduct of the regiment. I do not recollect 
that it was ever erected by my order at the new camp. It was cut 
up, as I afterwards understood, by my servant, for a horse for a 
saddle, but I was not aware of it when it was done. I should cer- 
tainly have ordered its erection had there been any occasion for its 
use. 

Question by Lieut. Pender. Was there no manifest change in 
your course towards the regiment after the occurrences of the 15th 
August? 

Answer. I am not aware of any. I punished the men before, 
when I thought they deserved it, and I did so afterwards. 

Question by the court. Please examine the papers F and G, ap- 
pended to the record, and inform the court whether the statements 
contained in them are, in all respects, accurate, according to the 
best of your recollection and belief. 

Answer. The witness, having read the papers, F and G answers, 
that the statements they contain are substantially correct, to the 
best of his recollectton and belief, but that the name of Williams, 
in the paper G, in the second page, seventh line from the bottom, 
should be Nathan Tatham; and that his belief now is, that Lieut. 
Singletery did not personally turn out his company, as stated in 
paper G, on the evening of the 15th August, although he wes in 
command of it when the adjutant went to dismiss the troops. 

The court adjourned to meet to-morrow, at 10 o'clock, a m. 



31 [ 62 ] 

FOURTEENTH DAY. 

Saltillo, Mexico, 
Thursday, February 10, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate, recorder. 

Examination of Col. Paine continued: 

Question by Lieut. Singletery. Please mention the name of the 
private from whom you received a note, as referred to in paper G, 
and what were the contents of the note. 

The question was objected to by the court; but on being informed 
that there was no objection to it on the part of Col. Paine or the 
author of the note, the court permitted it to be put to the witness. 

Answer. The writer of the note is private Charles Manly, com- 
pany H» North Carolina regiment of volunteers. I can't state spe- 
cifically the contents. I know it was giving me information of my 
life having been threatened. He is a man in whose courage and 
fidelity I had so much confidence that I selected him to act as cor- 
poral of the guard stationed at my tent on the night of the 15th 
August last. 

Question by Lieut. Singletery. By whom did Manly state that 
the threats were made? 

Answer. I would state to the court that, in my answer, I am not 
governed by my recollection of the contents of the note, but by 
what I recollect from circumstances which occurred afterwards. 
Very soon after the receipt of the note I learned that Manly was 
suspected by the officer of his company, Lieut. Yarborough, of 
having given me some secret information which might have been 
prejudicial to the officers of the company, and I sent for Lieut. 
Yarborough, and undeceived him; if it had, I should certainly have 
sent him the note. I do not think the note had any reference to 
an officer or soldier of the North Carolina regiment, but spoke of 
soldiers of the other regiments. I do not remember that any names 
were given; in fact, I feel confident there were none, or I should 
have arrested the men. 

Referring to his report as field officer of the day, (paper marked 
G, hereto appended,) witness desired to say, in explanation of the 
cause of the interlineation on the third page of that report, that it 
was in consequence of the adjutant having stated to him, after he 
had written the report, that he had found Lieut. Singletery with 
his company when he went to dismiss the troops; and that Lieut. 
Singletery then asked him. if he (Col. Paine) wanted the twenty 
men he had called for; and that he (the adjutant) replied, that he 
supposed not, as everything was quiet. 

Examination of first Lieutenant G. E. B. Singletery, North Car- 
olina regiment of volunteers, who, being duly sworn, states: 

I was eating supper on the evening of the 14th August, and heard 
a loud shout, and went and inquired what was the matter. Some 
one told me that the Virginians had come into the camp and had 
torn down the colonel's wooden horse. I walked down towards the 



[62] 



32 



right, stopped at the quartermaster's tent, found a number of offi- 
cers present; they were talking of what had happened. The horse 
had been corn down by the Virginians. There was some excitement 
the following day. Nothing occurred till night of any conse- 
quence. I heard that the colonel had called for a guard from com- 
pany K, to stand around the wooden horse, and that the men had 
refused to go for that purpose. I walked down in front of the 
camp and stopped opposite the quarters of company K. I was in 
company with Lieutenant Whittaker, the present adjutant, who 
was then my first sergeant. Colonel Paine was in the street of the 
company. I heard him threaten to cut some man down if he did 
not take his arms; I thought that the man obeyed. I heard him 
also order some man to the provost guard. They were about car- 
rying him off, as I thought, when I left. Not long afterwards I 
was at the tent of Captain Kirkpatrick of company I, and Colonel 
Paine came up; I did not notice in what direction he came. He 
said something about some Virginians being on the right of the 
camp, and I understood that he suspected them of evil intentions 
toward himself. He told me he wanted twenty or twenty-five men 
from my company (H) to drive them off. As I started for my tent he 
added: bring them yourself or send them with your first sergeant. 
I went to my quarters immediately, found the first sergeant, told him 
to select the men and cairy them to the colonel. He mentioned that 
there might be some difficulty in getting the men; that they would 
think they were wanted to guard the wooden horse. I told him never- 
theless to make the detail. He went into a tent where he kept his 
papers for the purpose of getting his roll to make the detail. Very 
shortly afterwards, and before the detail could possibly be made, 
I heard the voice of Colonel Paine crying "halt, halt!" saw the 
flash of a pistol. Immediately afterwards the colonel cried out, 
" turn out the whole regiment." I ordered my company out and 
they turned out instantly, without any difficulty, at the call of the 
first sergeant. About the time they had well formed, which could 
not have been more than four or five minutes after Colonel Paine 
had called on me for the guard, the adjutant came down and or- 
dered the company to turn out and stand by their arms. I then 
inquired of him particularly, if the colonel now wanted a guard 
from my company. He told me, he supposed not, of course, as the 
whole regiment was turned out. I told him I wished to be certain, 
and I made this inquiry of him as the colonel of the regiment's 
adjutant. He gave me to understand that the guard was not wanted. 
I remained in command of the company under arms, until the ad- 
jutant returned and ordered the company to be dismissed, which 
was about twenty minutes afterwards. Not long after that, and 
when it had been discovered what had been the effect of the pistol 
which had been fired, I was in conversation with Lieutenant Sin- 
gleton (then adjutant) in reference to the circumstances which had 
just occurred. 

We were standing near the officers' tents of his own company, (B.) 
We agreed in the opinion that Colonel Paine would, henceforth, 
find much greater difficulty with his regiment, and it would be 



33 [ 62 ] 

much better for both parties for him to resign. Mr. Singleton sug- 
gested that it would be a good course for us to pursue, to send the 
colonel a paper, signed by the officers of the regiment, requesting him 
to resign. The next morning, I wrote off a form of such a request, 
in which the word forthwith occurred immediately previous to the 
word surrender. Lieutenant Pender, who was present, mentioned 
that he did not like that word, as it was only our intention to sig- 
nify to the colonel, that it was best for him to resign; that it was 
our wish that he should do so, for the reasons mentioned in the 
paper. I was officer of the guard that day, and went guard 
mounting shortly afterwards. There were not more, then, than 
two or three signatures to the paper, and I did not urge any one to 
sign it. Soon after retreat, while then officer of the front guard, 
the adjutant brought me General Wool's order, and an order from 
Colonel Paine. (See papers H and I, hereto appended, the latter 
laid before the court by Lieutenant Singletery, and acknowledged 
by Colonel Paine.) I called on Colonel Paine and General Cush- 
ing, to know if I could not stay long enough to settle my business 
with my company, or at least remain in camp till morning. The 
night was dark and rainy. I could not obtain such permission from 
either of them; Colonel Paine referred me to General Cushing and 
General Cushing to General Wool. I thought then it was useless to 
urge the request, and left the camp that night. I went down to 
Monterey for the purpose of making an appeal to General Taylor. 
Lieutenant Pender had arrived there before me, and in consequence 
of what I learnt from him, I thought it useless to call on General 
Taylor. I then returned to Saltillo, procured such papers as I 
thought were necessary for my defence at home, and then went to 
Washington city. I will state here, that while in Saltillo, after 
my return from Monterey, I received orders to leave the place im- 
mediately; and was informed, officially, by Major Washington and 
Captin Henry, that I must leave the town under, guard. I called 
on Major Washington in company with Lieutenant Pender, told 
him the purpose I had in remaining, and that I would leave very 
shortly, and I inquired the cause of this order — if we were accused 
of any improper condact since our return. He said no; that he 
was not even aware of our presence in town until he received in- 
structions from General Wool to send us off. He refused to let 
me have a copy of those instructions, or to see them; said they 
were private. I left town alone the next morning, and reached 
Monterey that night, and thence proceeded to Washington city. 
I there appealed to the President against the order of General 
Wool, as illegal; at the same time affirming my entire innocence 
uf the charges alleged against me. I was ordered to return to my 
company in Mexico; being at the same time officially informed that 
it was considered by the President that I had never been out of 
service. I accordingly rejoined my company. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



[62] 



34 

FIFTEENTH DAY. 



Saltillo, Mexico, 
Friday , February 11, 1848. 

The court met pursuant to adjournment. 

Present: All the members, and the judge advocate, recorder. 

Lieutenant Singletery's testimony continued: 

Referring to the conversation between Lieutenant Singleton (the 
adjutant) and himself, at the time he came to turn out the com- 
pany on the night of the 15th August, witness desired to state, in 
addition to his testimony given yesterday, that Lieutenant Sin- 
gleton then told him (Lieutenant Singletery) that he would see 
Colonel Paine and let him (Lieutenant S.) know immediately if 
the guard was wanted. He did not hear from him again until he 
came to dismiss the company. 

Witness continued. — After I had returned to this place from 
Monterey, I sent a note to General Wool, requesting him to ex- 
amine further into the matter, and hear the evidence on both sides. 
I received a reply to that note, which I desire may be attached to 
the record. 

The witness here laid before the court the paper marked K, and 
it was ordered to be attached to the record. 

The witness proceeded. — Referring to the circumstances attend- 
ing his several arrests: When we were in camp at the Walnut 
springs, near Monterey, I obtained permission from Colonel Paine 
to visit Monterey, with orders to return the same day. I went to 
town, and returning about noon, had reached the suburbs, when 
I met Colonel Wilson, then a captain in the North Carolina regi- 
ment. He persuaded me to return with him. I told him I was 
afraid I would incur the displeasure of Colonel Paine by doing so. 
He told me no, not to mind that, it would be all right; I could get 
a horse and return in the cool of the evening; I had before been 
on foot. When I reached the hotel, I found there Lieutenants 
Johnston and Wiley, North Carolina regiment. They told me if I 
wished to stay in town all night, I could do so; that Colonel 
Mitchell, of the 1st Ohio regiment, the governor of the town, 
promised to see Colonel Paine and excuse us to him, and he in- 
sisted on our staying. I accordingly stayed in town that night. 
Colonel Mitchell called on Colonel Paine next morning, and I 
afterwards understood, that he, Colonel Mitchell, expressed him- 
self as very much irritated by the manner in which Colonel Paine 
then treated him. His excuse for me to Colonel Paine did me no 
good. On another occasion, when I was arrested, the circumstances 
were as follows: some time, about the 3d of August last, I was in 
bed quite sick. The adjutant, then Lieutenant White, came to my 
tent and told me to come out to officers' dr il, the hour for which 
was 5 o'clock, a. m., as well as I can recollect. He may have 
told me the colonel sent him to give me tiie order. I am not cer- 
tain about that. I told him I was entirely too unwell to do so. 
He mentioned the order which had been published the day 



35 [ 62 ] 

before, I think, which required me to report in person, or by- 
writing to the commanding officer, or to the adjutant. I told him 
I would have written the note to Colonel Paine, but that it was 
too dark in the tent for me to do so, and that I was too unwell to 
get up and light a candle for that purpose; that I desired him 
(the adjutant) to report the case to Colonel Paine. It is true that 
I went on duty after breakfast; I was anxious to avoid missing 
duty on any occasion, if it were possible, and I felt much better. 
I do not recollect, in fact, that 1 ever missed a day's duty whilst 
I was with the regiment. The next I heard of the matter, just re- 
ferred to, I received a note from Lieutenant Davis, aid-de-camp to 
General Cushing, informing me that I must consider myself in 
close arrest, on the report of Colonel Paine, for negect of duty 
and disobedience of orders. 

The other case in which I was arrested, occurred previous to 
that last mentioned, unless I am mistaken. I was officer of the 
left flank guard, Colonel Paine was field officer of the day. About 
8 or 9 o'clock at night, being in the guard tent at the time, some 
one outside cried, "officer of the day, turn out the guard." I sup- 
posed it was the sentinel. I went out quickly ^nd hurried the 
men into line as fast as I could. Colonel Paine was then on 
horseback, a short distance from the line; there were one or two 
men lying asleep off to one side. (Instructions to the officer of the 
guard, allowed one relief to sleep at a time.) I supposed Colonel 
Paine was, in the meantime, kept at a halt by the sentinel. While 
I was waking up these men, Colonel Paine suddenly started and 
galloped across the line; I did not notice the particular course he 
took. The sergeant of the guard then said to me that the sentinel 
did not tell him to halt. I went to the sentinel and asked him 
why he did not halt the. officer of the day. He was trembling very 
violently, and said something about Colonel Paine being so strict. 
I told him he was a fool for being frightened so easily, that I 
would put some one else in his place. I don't remember the name 
of the man, but he belonged to B company, North Carolina regi- 
ment. I had been very careful that day in giving repeated in- 
structions to the guard, particularly about the proper form of 
challenging. I then went into the tent, wrote a note to Colonel 
Paine, as field officer of the day, stating that I thought this man 
unfit to stand guard, and requesting instructions what I should do 
with him. I gave the note to the sergeant, who had hardly got 
away from the tent, before he returned and told me the officer of 
the day was coming back. I ran out quickly, ordered the guard 
into line, and stood by the sentinel and told him what to say, (it 
was very difficult to make him say it right even then.) I took my 
place at the proper time on the right of the guard. 

Colonel Paine came up, and the first words he addressed to me 
were, " give me your sword and go to your quarters." I did so 
without saying a word — went to the camp — stopped in the tent of 
Captain Roberts, whose company was next to mine. I waited 
there expecting Colonel Paine would come by, wishing to see 
him. I heard him coming pretty soon — stepped out of the tent 



[62] 



36 



and asked him if I could speak to him for a moment. He said 
yes. I inquired for what I had been arrested. He told me he had 
passed the guard line without being halted by the sentinel. I told 
him that was no fault of mine; that I had given the sentinel all 
necessary instructions. Something more passed of about the same 
substance, when Colonel Paine suddenly spoke to me in a very 
angry and violent manner, and told me to go to my tent instantly, 
as he had ordered me. I was somewhat surprised at his speaking 
to me in this manner, and hesitated for a moment, perhaps, but not 
with any intention of refusing obedience to the order. He had 
rode off a short distance, when he turned back, on his horse, and 
repeated what he had said still more violently. I then went to my 
tent. Early next morning, the adjutant brought me my sword. I 
told him I preferred a trial, and wished he would return my sword 
to the colonel, and tell him this was my request. (I remember 
that the adjutant at this time was lieutenant, now Captain Buck.) 
He declined doing so; said I could do it for myself if I wanted it 
done. I then took my sword and started off. I found Colonel 
Paine in Major Stokes's tent; told him I would much prefer a trial, 
if he was willing. He expressed himself entirely so; said cer- 
tainly, if I wished it. I told him I did much prefer it. He said 
very good, to consider myself in arrest again. I started for my 
tent, when Colonel Paine came out of the major's tent, and called 
me; said he wished to give me a little friendly advice about this 
matter; that I was not aware of the danger of courts martial. I 
told him I was willing to be tried in this case by any court what- 
ever, and did not withdraw my request for a trial. Colonel Paine 
then cried out, in a very loud voice to the adjutant, " Mr. Single- 
tery is in arrest — in close arrest ;" I went to my tent, and shortly 
afterwards wrote a note to General Wool, representing to him that 
Colonel Paine had, by releasing me in the morning, virtually de- 
clared the offence trivial, and already sufficiently punished, and 
that I did not see any reason why I should now be punished more 
severely simply for having requested a trial. I stated to him that 
officers in arrest in our regiment had never been confined to their 
tents, but allowed the privilege of the camp, and requested an 
extension of limits in my own case. General Wool sent for me, 
and I went over to his quarters. He talked with me some time — 
may be an hour — wanted me to send some kind of written explana- 
tion and apology to Colonel Paine, and to withdraw my request 
for a trial; which I declined doing. He told me that however 
innocent I might be in fact, a court martial would be obliged to 
find me guilty by the letter of the law, and that I must remember 
that it would rest with him to approve or disapprove the proceed- 
ings and decision of the court. I thought that remark of General 
Wool's was evidently intended to intimidate me, and left his tent 
without complying with his wishes, and did not receive any exten- 
sion of my limits. The next day, I think it was, Captain Price 
and Lieutenant Yarborough, of my company, tendered their resig- 
nations. Lieutenant Yarborough did not state in his communica- 
tion any reason for so doing. Captain Price informed me that he 



37 [ 62 ] 

had a conversation with Colonel Paine very shortly afterwards, in 
which Colonel Paine stated that Lieutenant Yarborough must state 
his reasons for tendering his resignation; that, if they were objec- 
tions to him, Colonel Paine, he was willing to hear them. Acting 
upon this information, I tendered my resignation, and stated my 
reasons, which were, as well as I can recollect, because I found it 
out of my power to please Colonel Paine. The letter of resigna- 
tion was returned to me with the message, that it would not be 
received from me while in arrest. I continued in close arrest six 
days, as well as I remember, constantly expecting a copy of the 
charges preferred against me. I did not receive any, and, at the 
end of that time, I was ordered to duty with my company. 

Witness further testifies: Since my return to my company from 
Washington city, I have not endeavored to create any disturbance 
in the regiment, but have been careful to pursue a contrary course. 
With regard to the paper to be sent to the governor of North Car^- 
olina, u proscribing one of the best officers of the regiment," that 
proscription consisted in a request that the governor would not, in 
any case, appoint Captain Henry to be a field officer of the North 
Carolina regiment, it having been understood that he had received 
a recommendation for such an appointment; and I will state fur- 
ther that I did not sign that paper. 

Question by Lieutenant Pender. Were you not acting as adjutant 
at Cerralvo, and did you ever notice or hear of any want of atten- 
tion, on my part, towards my company, either in discipline or other- 
wise, and was not my company as well drilled and disciplined as 
any at Cerralvol 

Answer. I was acting as adjutant of the battalion at Cerralvo at 
that time. There was a great deal of sickness among Lieutenant 
Pender's men, but I never heard it ascribed to him. He paid proper 
attention to his company, as far as I noticed. There was so much 
sickness among the troops at Cerralvo, that there was very little 
drilling performed by any of the companies. As far as I was able 
to judge, the company was very well drilled, and it was compara- 
tively in good discipline. 

The court adjourned to meet to-morrow, at 10 o'clock, a. m. 



SIXTEENTH DAY. 

Saltillo, Mexico, Saturday, February 12, 1848. 

The court met pursuant to adjournment. Present; all the mem- 
bers, and the judge advocate, recorder. 

Question by Lieutenant Pender. What has been my character, as 
an officer in the regiment? 

Answer. He has been considered a good officer. At the forma- 
tion of the regiment, he was thought to have some considerable ad- 
vantage over the rest of the officers of the regiment, as he had been 
some time at West Point. 



[62] 



38 



Question by Lieutenant Pender. Did you ever hear that the sick- 
ness in my company was owing to any neglect on my part; and 
was not the second Edgecombe company (E) as unfortunate, in this 
respect, as the first Edgecombe company, (A,) commanded by me? 

Answer. No: I never heard the sickness in the company ascribed 
to Lieutenant Pender's neglect. I believe there was about as much 
sickness in one company as the other. 

Question by Lieutenant Pender. Do you recollect at what time I 
was left in command of A company, by the promotion of Captain 
Wilson; and do you not know that Second Lieutenant Mayo was, 
from sickness, unable to give me any assistance, up to the time of 
his resignation; and that Second Lieutenant Buck was adjutant; 
that I had no commissioned officer to assist me, for several months; 
and, notwithstanding the apparent necessity, I was refused an 
election; and that but a day or two had elapsed, after my discharge, 
when you heard that an election was ordered for captain and 
a second lieutenant, though a second lieutenant had been perma- 
nently transferred to the company but a short time previous? 

Answer. He was left in command of the company about the last 
of April or first of May, as well as I remember; do not recollect 
ever to have seen Lieutenant Mayo on duty, on any occasion, after 
our arrival in Mexico. Second Lieutenant Buck, of the company, 
was adjutant of the regiment; had no commissioned officers to as- 
sist him, for several months. I understood that he desired an 
election of officers, but no election was held, up to the time of his 
discharge. I heard that an election was ordered but a day or two 
after his discharge. Second Lieutenant Buck returned to the com- 
pany just after Lieutenant Pender's discharge. Second Lieutenant 
Hyatt had been permanently transferred to the company a short 
time previous. 

Question by Lieutenat Pender. To what have you heard the 
sickness in the regiment ascribed? 

Answer. I have heard it ascribed to the 'march from Brazos to 
Camargo, more than to any other one cause. 

Question by Colonel Paine. From whom did you learn that 
Colonel Paine had called for a guard from K company, to stand 
around the wooden horse, the night of the 15th August last? 

Answer. I really don't remember; I heard it out in camp some- 
where. There was nothing particular about the manner in which 
I heard it to impress the circumstances upon my memory. 

Question by Colonel Paine. How longsdid you stand opposite the 
quarters of K company, on the night of the 15th August, when you 
said you were standing opposite the quarters of K company with 
you first sergeant, now adjutant, Whittaker? 

Answer. It is impossible for me to state, positively; I think, 
however, not more than five minutes, and it may not have been 
more than one minute. 

Question by Colonel Paine. Did you communicate with Colonel 
Paine, on the 15th August, 1847, during the day or night of that 
day, and if so, when and where? 

Answer. I think I had a conversation that morning with Colonel 



39 [ 62 ] 

Paine, about making knapsacks and tents of the company. I met him 
at night, shortly after he had gotten through with his difficulty with 
company K, I think. I was standing in front of the line of officers' 
tents, opposite the street of company K, conversing with several 
officers. Colonel Paine approached, and, I think, said to me, that 
he had been almost under the necessity of calling on me to turn out 
my company. I don't remember to have seen Colonel Paine again 
until he called on me at Captain Kirkpatrick's tent, for the guard 
before spoken of. I don't think I had any communication with 
him in writing during that time. 

Question by Colonel Paine. Was it when the adjutant (now 
Captain Singleton) told you that he did not think Colonel Paine 
needed the men he had called for, that you requested him, the 
adjutant, as you stated, to inquire of Colonel Paine and let you 
know; and if not at that time, state at what time'? 

Answer. At the time the adjutant came to turn out the company, 
I inquired of him whether, or not, Colonel Paine still wanted the 
guard he had called for. The adjutant replied that he supposed not, 
of course; that the whole regiment was turned out. I told him I 
thought not myself, but wished to be certain, and made this inquiry 
of him as adjutant. He further stated that he would see Colonel 
Paine and let me know at once. When he came to dismiss the 
company I repeated my former inquiry, and he gave me to under- 
stand that the guard was not wanted. 

Question by Colonel Paine. Who was present at the conversa- 
tion which you say occurred between you and Adjutant (now Cap- 
tain) Singleton on the night of the 15th August, 1847, when you 
say he advised that the officers of the regiment should present a 
paper requesting Colonel Paine to resign? 

Answer. I do not remember that any one else was present. 

Question by Colonel Paine. After your last conversation with 
the adjutant, the night of the 15th August, 1847, where did you 
go and how long remain where you went'? 

Answer. I don't remember where I went, probably to bed, and 
remained there till morning. I may have gone to some other tent; 
I do not recollect now. 

;. Question by Colonel Paine. What became of the form which 
you say you first wrote off, requesting Colonel Paine to resign, and 
in which the word "forthwith" occurred immediately preceding the 
word "surrender"? 

Answer. I don't know. 

Question by Colonel Paine. Did you consult with any one pre- 
vious to writing off the first form, of which you spoke? 

Answer. I don't know that I had any specia'l consultation on the 
subject. I had heard the opinion expressed by several officers that 
it would be well to pursue such a course, and I desired if such a 
paper was sent to Colonel Paine to be one of the signers. For that 
reason I wrote off a paper, which was copied by Lieutenant Pender, 
and signed it before I went on guard. It was not the intention of 
any one, as far as I know, to use any compulsion whatever; but it 






[62] 



40 



was thought that if Colonel Paine was made aware of the fact that 
his officers wished him to resign, he would do so. 

Question by Colonel Paine. At what time did you write the form, 
and what signatures were subscribed to it, before Lieutenant Pen- 
der objected to the word " forthwith"'? 

Answer. The form was written before I went on guard; no one 
signed it. 

Question by Colonel Paine.- To how many persons did you ex- 
hibit the form written by'you, in which you say the word u forth- 
with" occurred] 

Answer. I do not remember that any one saw it except Lieuten- 
ant Pender. I can't speak positively, however. 

Question by Colonel Paine. Who wrote the body of the paper 
marked C, appended to the record, and in what respect does it dif- 
fer from the form which you say was written by you and objected 
to by Lieutenant Pender? 

Answer. The body of the paper was written by Lieutenant Pen- 
der, and it differs from the original form only in the omission of 
the word "forthwith" immediately preceding the word "surrender." 
(The witness had the paper before him while answering.) Witness 
remarked further: I have since been told by Lieutenant Goodson 
(one of the signers of the paper) that he expressed some objection 
to the word u surrender," but was told that it was of no conse- 
quence, that the word "surrender" meant nothing more than resign. 
In drawing off the form, I myself attached no other meaning to 
this expression. 

Question by Colonel Paine. In whose charge was the paper 
placed after you signed it? Who first signed the paper, and in 
what order were the signatures subscribed to it? 

Answer. I left the paper with Lieutenant Pender; he had signed 
it first, and I signed it next. I think when I last saw it, Lieuten- 
tenant Staton's name was signed to it. I don't remember that 
there was then any other signatures to it. I did not see the paper 
again until the meeting of this court. 

Question by Colonel Paine. How many of the signatures to paper 
C were written in your tent, and who took that paper from your 
tent, and where was it taken? 

Answer. Lieutenant Pender and myself signed the paper in my 
tent. 1 believe Lieutenant Staton also signed it in my tent; but I 
am certain not in my presence. I left the paper with Lieutenant 
Pender. I do not know where it was taken to. 

Question by Colonel Paine. Look at the letter addressed to 
General Taylor, dated the 7th August, 1847, and marked "E," and 
appended to the record, and say if you know in whose hand-writ- 
ing that letter is? 

Answer. That letter is in the hand-writing of my company 
clerk. His name is Peoples, a sergeant of company H. I wrote 
it off and directed the clerk to copy it. 

In reference to the note appended to this paper concerning Cap- 
tain Henry, which is in my own hand-writing, I desire to say 
it was intended to signify that Captain Henry, having been de- 



41 [ 62 ] 

tached from the regiment for a long time, was not acquainted with 
the conduct of Colonel Paine, and was therefore not qualified to 
judge of the justice of the complaint; and it was not intended to 
signify that he would have signed it, had he been present. 

Question by Colonel Paine. What officers of the regiment com- 
manding companies, and present in camp, at Buena Vista on the 
7th August, 1847, did not sign the letter or paper marked "E?" 

Answer. Captain Shive, commanding company C, since dead, 
and Captain Tipton, commanding company U K," did not sign it, 
but sent a separate complaint at the same time. 

Question by the court. On the supposition that Colonel Paine 
did not resign, was there any determination or consultation, or 
conversation among the officers as to any ulterior measure, and if 
so, what was it? 

Answer. There was no determination. Colonel Paine's resign- 
ing had frequently been spoken of before, as an occurrence very 
much to be desired, and various plans had been spoken of to in- 
duce him to do so; but nothing was determined on, for fear we 
might lay ourselves liable some way. 

Question by the court. Was it known to any of the non-com- 
missioned officers or privates of the North Carolina regiment, pre- 
vious to the 14th or 15th of August, that the officers had written 
or sent the letter (marked U E") to General Taylor? 

Answer. I have no idea that it was known to any one but the 
clerk who copied it, and I gave him the strictest instructions to say 
nothing about it. I had the greatest confidence in him. 

Question by the court. Is it your opinion that the men of your 
company would have refused to turn out, if they had been ordered 
to pretect the wooden horse? 

Answer. I don't know, but I expected there would have been 
considerable difficulty about it. 

Question by the court. As far as you know, has the men's dislike 
to the wooden horse been countenanced or encouraged by any act 
or language on the part of the officers. 

Answer. No, I don't know that it had been. 

Question by the court. You have stated that you believed it was 
generally thought the sickness in the North Carolina regiment was 
chiefly in consequence oi the march from the Brazos to Camargo; 
state to the court what companies made that march, and what com- 
panies, if any, came up the Rio Grande in steamboats? 

Answer. There were four companies on the march with me, F, 
G, H, I. I don't know how the other companies came up. My 
impression is that some came up in steamboats, and some marched 
from Matamoras. 

Question by the court. How did the two companies from Edge- 
combe come from the mouth of the river to Camargol 

Answer. They came up to Matamoras in steamboats. Don't know 
iiow they came up from Matamoras. 

The court adjourned to meet on Monday, February 14th, at 10 
o'clock, a. m. 



■[ 68 ] 42 

SEVENTEENTH DAY. 

Saltillo, Mexico, 
Monday, February 14, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate, recorder. 

First Lieutenant Josiah S. Pender, North Carolina regiment, a 
witness called by the court, being duly sworn, states: 

The two Edgecombe companies, A and E, North Carolina regi- 
ment, under the command of Captain Wilson, were the first two 
companies of the regiment that arrived in Mexico, about the 1st of 
March. There was a considerable stampede at the Brazos just as 
we landed, and an attack was hourly expected. We landed in 
haste, and remained under arms all night and the following day. 
In the evening we took up our line of march for the mouth of the 
river. A violent northwester set in, accompanied with rain. It 
was quite cold, and all the men were very much exposed. At the 
mouth of the river, the commander not deeming it necessary to 
have the tents pitched, the men were obliged to remain on the deck 
of the steamboat, on board of which they were embarked for Ma- 
tamoras. Having previously suffered a great deal from sea sick- 
ness, nearly half of the command were on the sick-list on our 
arrival at Matamoras. We left Matamoras by steamboat for San 
Francisco two or three days afterwards, leaving a number of sick 
of each company behind, who were unable to proceed. We re- 
mained at San Francisco about a month. About the last of April 
we left for Camargo by steamboat. There we found the balance of 
the regiment, except the detachment brought out by Lieutenant 
Colonel Fagg. A few days after our arrival there, Captain Wil- 
son having received information of his appointment to the colonelcy 
of the 12th infantry, left Camargo with the train which was then 
about to start for Monterey, desiring to have some consultation 
with General Taylor, and to see the country. About this time the 
measels broke out in the regiment, and to that cause, together with 
the ordinary diseases of the country, I attribute, in part, the mor- 
tality in the two Edgecombe companies. I was taken sick myself 
at Camargo with a very severe attack of the jaundice, from which 
I never entirely recovered until after my departure for the United 
States. Two detachments of my company (A) having previously, 
at different times, left with trains for Monterey, the remainder, to- 
gether with other troops, marched about the middle of May for 
Cerralvo, under the command of Major Stokes, the detachment of 
the company being composed principally of the sick, and were 
selected on that account; Cerralvo being considered more healthy 
than Camargo, we remained at Cerralvo until Colonel Paine ar- 
rived with the remainder of the regiment, left at Camargo. I think 
the day after his arrival we took up the line of march for Buena 
Vista. On our way up I was put in command of several detach- 
ments of different companies, with orders to dispose the men along 
the train. I was more particularly entrusted with the command of 



43 [ 62 ] 

the first platoon; the subordinate officers, Lieutenants Wiley and 
Mitchell, I think, of the second. When within a few miles of 
Monterey, some of the men of the first platoon asked me if there 
was any harm in gathering a few u roasting ears." I replied that I 
did not know that it was any great harm; that it would not be con- 
sidered so even in the States, and in an enemy's country still less 
so, but that I could not give them permission to do so, and that if 
I knew any of my command to do it, I should be compelled to 
report them to Colonel Paine. On arriving at the Walnut springs, 
near Monterey, I was sent for by Colonel Paine, and asked if I 
had seen any one committing depredation on the cornfield before 
referred to. I replied that I had. He told me to consider myself 
under arrest. I asked him what for? He replied$n substance, that 
it was for not reporting the depredation to him. I told him that I 
did not see any of the soldiers commit any depredations; if I had, 
I should have reported it; that those whom I saw commit the de- 
predation were teamsters, or at least not soldiers; that I did not 
consider it was my duty to take any cognizance of it, owing to the 
fact that the quartermaster and quartermaster sergeant were both 
present with the train, and I thought it was their duty and not 
mine. I do not know whether they witnessed the depredation or 
not; they were riding backward and forward along the train. I 
was very much mortified at my arrest, and, while excited, tendered 
my resignation. While writing this resignation, Captain Price 
came to my tent, and advised me to postpone it awhile, as he, as 
well as a number of other officers in the regiment, could not sub* 
mit to the treatment of Colonel Paine, and they desired to send in 
their resignations together. ^ I replied that I should send mine in, 
which I accordingly di^ and they could do as they pleased. The 
command marched for Buena Vista, I under arrest in rear of the 
train. On our arrival at Saltillo I was released from arrest. 

On one occasion, while at Buena Vista, having sat on general 
court martial until, I think, between 1 and 2 o'clock, p. m., and 
having been quite unwell the whole day, when I returned to my 
quarters, I went to bed. Having occasion to go to the sinks, I 
passed along the line of officers' tents, while the regiment was 
drilling, and returned to my tent. In a short time the adjutant 
came, (I think it was Lieutenant D. S. Johnston,) and informed me 
that 1 must go on drill. I replied that I was too unwell to drill. 
He told me I must then go to the surgeon and get excused. I ac- 
cordingly reported myself to the surgeon. After drill, perhaps 
after parade, the adjutant again came to me, whether or not by 
Colonel Paine's order I do not know, but supposed it was volun- 
tary on his part, and told me to send a written excuse to the col- 
onel, which I did. I believe I stated in that excuse that I was 
too unwell to drill, and, being excused by the regulations, 
I thought it unnecessary to report myself to the surgeon before the 
drill.. 

On the evening of the 14th of August, I was quite unwell, and 
had been so for several days. I was in Captain Pender's tent, (he 
was quartermaster, and a near relative,) where I spent the major 



[62] 



44 



part of my time, when not on duty. There was some excitement 
in camp, as I judged, from the noise; and, going to the door of the 
tent and inquiring, was informed that the Virginians had de- 
stroyed Colonel Paine's wooden horse. About this time, I think 
just before, Colonel Paine passed the tent, and said that he wanted 
the adjutant, and continued down toward the Virginia camp. I 
heard nothing more about the disturbance until the night of the 
15th of August. I was in Captain Pender's tent; Major Stokes, 
Lieutenant Staton, I think, and probably some other officers, were 
present, talking and joking, when our attention was arrested by 
the firing of a pistol, immediately followed by the order to turn 
out. I immediately went out, although sick and not fit for duty, 
and gave orders to Lieutenant Hyatt, of my company, next in 
command to myself, to order the men into the ranks, which he did; 
and the men obeyed. By this time, I understood that Andrew H. 
Bradly, a private of my company, had been shot while absent from 
the company quarters. I saw the wounded man in his tent. The 
surgeon of the regiment, together with one or two others, was pre- 
sent. It was a very common practice with the Virginians to pro- 
menade in front of the line of officers' tents; that was their evening 
walk; and I, as senior officer of the right flank company, had never 
received any orders, at any time, to prevent them from so doing. 
Neither did I remark that the crowd was unusually large on the 
evening of the 15th of August, being in the quartermaster's tent, 
just in rear of my own, and a little to the left. After Bradly was 
shot, the guard was then posted between the left flank of the Vir- 
ginia regiment and the right of ours, I do not know by whose 
order, for the purpose, as I suppose, of & preventing any further 
communication between the two regiments. I think it was imme- 
diately after the guard was posted that the companies of the regi- 
ment were dismissed. I ordered every man of my company to his 
tent, with injunctions not to leave, under any pretence whatever, 
unless ordered out by their proper officers. I further stated to the 
men that I never had had any reason to complain of their con- 
duct, they ever having been obedient to my orders; and that, 
on this*occasion, I was in hopes they would do nothing whereby 
they might jeopardize their good standing as soldiers; that poor 
Bradly, by being absent from his quarters, had been shot, and I 
was in hopes this would be a warning to the others to remain quiet 
and peaceable in their quarters, and never engage in any row or dis- 
turbance in camp. I visited my company frequently till 2 o'clock, 
a. m., the following morning, perhaps later, when I went to bed. 
During the time between the firing of the pistol and my going to 
bed, there was no appearance of disobedience of orders on the part 
of my company; nor had I, nor have I ever had, any reason to be- 
lieve that there was any disposition among the men to disobey, ex- 
cept in the case of Hunter, who, I have since heard, remarked in 
K company that he would not stand post over the wooden horse; 
that he was perfectly willing to guard Colonel Paine's person or 
tent. I do not remember from whom I obtained this information, 
"but believe it came from some of the "men of Captain Tipton's 



45 [ 62 ] 

company. Hunter belonged to my company, but I never heard of 
his having made any improper remarks in the company. The mor- 
ning of the 16th I was called into Colonel Paine's tent by him, and 
we had some conversation; in the course of which he complained 
of the treatment he had experienced; said the men had thrown 
stones at him. He showed me two or three, about the size of my 
fist, which he said he had picked up around his tent; expressed 
regret at having killed Bradly, and, I think, he stated that 
he had thought he lowered his pistol sufficiently; but that the mat- 
ter had gone far enough, and he was determined to put a stop to 
it. I think I replied to him that it was very unfortunate that he 
killed Bradly; that from his previous character, his own assertions 
just before his death, as well as from what I heard from other sol- 
diers, he had gone to K company for the purpose of visiting a sick 
friend, and with no evil intention; (he had been transferred from 
that company to mine a short time previous, as also Hunter, be- 
fore alluded to.) The same day, (16th,) while the regiment was 
on afternoon drill, Bradly was buried without the honors of 
war, by orders of Colonel Paine to me; and I understood that 
orders had been given to the guard to allow no one to accompany 
the corpse beyond the chain of sentinels, except the burying 
squad of about four men. That evening, as I was lying in the 
quartermaster's tent, some person informed me that an order had 
been read on parade, discharging me dishonorably. I paid no at- 
tention to it, it appearing to me to be so groundless. I thought I 
should, at least, have been notified of the fact before-hand, that I 
might have had an opportunity of saying something in my 
own defence. 

Shortly afterwards, however, I received a note from Colonel 
Paine, informing me that I must leave the camp immediately, or 
be subject to arrest and confinement. The note, I believe, is in 
the same terms as that addressed to Lieutenant Singletery, marked 
"I," and appended to the record. I received at the same time 
General Wool's order, No. 404. Application was made to Colonel 
Paine, on behalf of Lieutenant Singletery and myself, for permis- 
sion to remain in camp till morning. I believe the colonel replied 
that he had no authority in the matter; at least the request was not 
granted. I then called on General Cushing with the same object, 
saying to him that I had not only been unjustly branded with dis- 
honor, but driven from camp at night like a thief, in the rain, 
while suffering from indisposition, and my life exposed to danger 
in an enemy's country. He expressed regret, but said he was not 
commanding general and could not counteract the order, or give 
me permission to remain in camp till morning. I left camp, ac- 
cordingly, in company with Lieutenant Singletery, and went to the 
masonic lodge, in a rancho a few hundred yards from camp, at the 
request of some members who insisted that I should not go to town 
that night; that it would be folly to do so, and said that we could 
occupy the lodge room. We remained in a house near by all 
night — one which was occupied as a hospital — and next morning 
came into Saltillo. I afterwards went down to Monterey, made a. 



[62] 



46 



statement to General Taylor, and requested that we might, at least, 
be allowed a trial. He replied that he had had a good deal to do 
with volunteers, and never had had any difficulty with any, except 
the present, and that these had been nothing but a source of trouble 
and aggravation to him; that the officers concerned ought to be 
dishonorably discharged and the privates shot. I remarked that I had 
had nothing to do with the disturbance, which I could prove, were 
an opportunity afforded me of so doing. He replied that General 
Wool was too prudent a man to act unadvisedly in this matter, and 
that he would have nothing to do with it. He then abruptly got 
up, turned his back, and walked off. I returned to Saltillo for the 
purpose of arranging my money matters, as also for the further 
purpose of obtaining some certificates, which I deemed necessary 
for the proper vindication of my character at home. After 
being here a short time, I was sent for by Major Washing- 
ton, governor of the town, and ordered to leave town the 
following morning by 9 o'clock, or I would be sent out un- 
der guard. My cousin, Captain Pender, being delirious and 
hourly expected to die, on the plea of his sickness, I requested 
of General Wool that I might be permitted to remain until my 
cousin either died or recovered. The same day, just after my visit 
to Major Washington, it was necessary I should visit camp for the 
purpose of procuring my funds which I had deposited with the 
quartermaster; also to settle off with the men who had deposited 
money with me. I rode up to the guard tent, made my wishes 
known to the officer of the guard, and desired him to inform 
Colonel Paine of my object in visiting camp; also to inform those 
persons I desired to see that I could be found at the mill two or 
three'hundred yards below. I immediately left the camp, went to 
the mill, and had been there but a few minutes, when the adjutant 
and a body of armed men came for the purpose of apprehending 
me. I was informed, however, of their object when they were 
some fifty to a hundred yards off, and I jumped upon my horse and 
rode into Saltillo. On my return to Saltillo, I received informa- 
tion from Major Washington that I would be permitted to remain 
in Saltillo, provided I would have no communication with camp, 
till some change was manifested in the condition of my cousin, 
Captain Pender. Next morning I was again sent for by Major 
Washington, and informed I must leave town forthwith. I asked 
him what I had done to call down upon me this order. He said he 
knew of nothing himself; that it was not an order, but private in- 
structions from General Wool. I requested a copy of them or a 
written order, both of which he refused. I asked him, first, if I 
was to go alone; (others who had been ordered off had gone the 
day previous;) he replied, no. Supposed not. I then asked him 
if any escort had been ordered to accompany me, and he said no. 
I replied, that was certainly equivalent to ordering me off alone; 
and I further inquired, if he had not reason to believe, from re- 
port, that the road between here and Monterey was then infested 
with robbers. He replied in the affirmative. I then stated to him 
that I had been ordered off; that I should obey that order punc- 



47 [ 62 ] 

tually; that if I should get killed between this place and Mon- 
terey, those who ordered me off would be held responsible for my 
life. He looked somewhat astonished, and told me to remain until 
I heard from him again. I afterwards again received permission 
from General Wool to remain until a change took place in Cap- 
tain Pender's health. In about a week after, a favorable change 
having, in the meantime, taken place in Captain Pender's health, 
I left for Monterey. I have every reason to believe my absence 
acted deleteriously upon Captain Pender's health. 

The court adjourned, to meet to-morrow at 10 o'clock, a. m. 



EIGHTEENTH DAY. 

Saltillo, Mexico, 
Tuesday , February 15, 1848. 

The court met pursuant to adjournment. 

Present: all the members and the judge advocate, recorder. 

Examination of Lieutenant Pender continued : 

In relation to the signing of paper "C," witness states: On the 
morning of the 16th August, I think, I was sent for and told that 
I was wanted on the left flank. I went up there, and into Lieu- 
tenant Singletery's tent, where I found some two or three other 
officers. I do not recollect their names. I was shown a paper 
similar to paper "C," appended to the record, with the exception 
that it contained the word "forthwith." I remarked that I thought 
such a paper was necessary, and, I think, gave my reasons. If I 
did not give them on that occasion, I had done so before — that a 
paper signed by the officers disapproving of Colonel Paine's 
course would have the effect to induce him to change his course, 
or to resign. I had always considered Coolenl Paine an excellent 
officer, with the exception of his severity, and some instances of 
partiality. Objecting to the word "forthwith," I was told to strike 
it out. I gave as reason of my objection, that I desired to be re- 
spectful, and thought the word "forthwith" was rather imperative. 
They all concurred, stating it was also their desire that it should 
be done in the most respectful manner. Thereupon, I sat down 
and wrote of* one, leaving the word "forthwith" out; and, from 
the circumstance of my writing it, think it very probable that I 
was the first one who signed it. Those present signed it also, and 
I think I afterwards handed it to Captain Kirkpatrick. It was 
passed round from officer to officer, to sign, but no persuasion was, 
to my knowledge, used to induce any one to sign it. 

Question by Colonel Paine. Are you certain about the evening 
when I called at the quartermaster's tent for the adjutant? and can 
you say whether it was on the evening when the wooden horse was 
destroyed, or on the subsequent evening] 

Answer. As well as I recollect, it was on the evening the wooden 
horse was destroyed. 



[62] 



48 



Question by Colonel Paine. Who was present in the quartermas- 
ter's tent at the time when you stated I called for the adjutant? 

Answer. There were some two or three individuals present, but 
I do not recollect who they were. 

Question by Colonel Paine. Was it on the evening of the night 
when you said Major Stokes was at the quartermaster's tent, that I 
called for the adjutant? 

Answer. I don't think it was. 

Question by Colonel Paine. Do you, or not, remember whether 
Second Lieutenant Hyatt left the quartermaster's tent soon after I 
passed by and had called for the adjutant? 

Answer. I do not recollect distinctly. I have since heard that 
he did. 

Question by Colonel Paine. Are you certain that the evening I 
called by the quartermaster's tent for the adjutant, Major Stokes 
was, or was not, there that night? 

Answer. I don't recollect whether he was, or was not. 

Question by Colonel Paine. Can you state, positively, that you 
saw Major Stokes on the night of the loth August last, before the 
pistol was fired in camp? 

Answer. I think I did, but am not positive. I think he was 
in the quartermaster's tent when the pistol was fired, or just pre- 
vious. 

Question by Colonel Paine. How many persons did you see in 
the cornfield, at the place where you say the depredation was com- 
mitted, near General Taylor's camp, on the march from Cerralvo, in 
June last? 

Answer. I saw no one. I did not see any persons in the cornfield, 
but saw some three or four returning from it with green corn. 

Question by Colonel Paine. Did you see any one belonging to 
the North Carolina regiment returning to the train with green corn? 
and if so, state who the person or persons were. 

Answer. I don't think I did. If I saw any, I did not recognize 
them. 

Question by Colonel Paine. What non-commissioned officers do 
you remember on duty under your immediate command, at the time 
the depredation was committed in the cornfield? 

Answer. I don't recollect. I think Sergeant James Williams, 
A company, was on duty at the time, with the rear platoon. 

Question by Colonel Paine. Were you, or not, on horseback du- 
ring the march from Cenalvo, and at the time the depredation was 
committed, and was either of the sub -officers, whom you have 
named, mounted? 

Answer. I was mounted; so were the sub-officers. At some 
point on the march, I think near theRinconada, the colonel ordered 
all the company officers to dismount. I don't recollect where it 
was he ordered them to dismount. 

Question by Colonel Paine. How long after the arrival of the 
command at the Walnut Springs, (General Taylor's head-quarters,) 
before Colonel Paine became acquainted with the fact that you 
knew that depredation had been committed on the cornfield? 



49 [ 62 ] 

Answer. I don't know. Colonel Paine sent for me the day fol- 
lowing our arrival, I think it was, to question me in reference to 
the matter. 

Question by Colonel Paine. Had you any consultation or con- 
versation with officers of the North Carolina regiment, at General 
Taylor's head-quarters, after your arrest there, relative to leaving 
the regiment? and if so, state with whom, and what it was. 

Answer. I stated that I had done my duty, conscientiously, as 
far a3 I knew, and it appearing that I could not give satisfaction to 
my superior officers, I would resign. I may have made this state- 
ment to different officers, but I don't recollect particularly to whom. 

Question by Colonel Paine. Are you, or are you not aware, that 
objections to my appointment to the command of the North Carolina 
regiment were mentioned amongst some of the officers of the regi- 
ment, even previous to my taking command of the regiment? 

Answer. I heard no objection expressed to the appointment of 
Colonel Paine, but I heard preference expressed in favor of another 
person — Captain Wilson. This preference, I believe, was general 
in the regiment, but all afterwards expressed their willingness to 
serve under Colonel Paine; and I think the officers were generally 
satisfied with the appointment of Colonel Paine, when I left Smiths- 
ville. 

Question by Colonel Paine. Will you state if you recollect what 
companies were at the place of rendezvous, at Smithsville, whea 
Colonel Paine arrived there? 

Answer. The two Edgecombe companies, (A and E,) and, I think, 
several others. 

Question by Colonel Paine. When did you first notice any disaf- 
fection amongst the officers of the North Carolina regiment towards 
Colonel Paine? 

Answer. Some displeasure was expressed at Camargo, some time 
in May; several officers spoke of resigning. This was the first 
occasion on which I ever heard any dissatisfaction expressed. 

Question by Colonel Paine. What was said to be the principal 
cause of the displeasure, at that time, amongst the officers? 

Answer. One cause mentioned, I think, was having posted a 
sentinel over a spring. It occurred on Colonel Paine's march to 
Monterey, or in returning. I was not present. It was stated that 
Captain Williamson, in going to get some water from the spring, 
was ordered off by the colonel. He complained of Colonel Paine's 
treatment on the occasion. 

Question by Colonel Paine. Did the officers whom you said spoke 
of resigning, at General Taylor's head-quarters, mention the cause 
of their displeasure towards Colonel Paine? 

Answer. The cause I heard was, that they did not think Colonel 
Paine treated them with the respect they were entitled to, and was 
austere in his manners. The affair with private Thompson, before 
alluded to, and which I did not witness, was also mentioned as a 
cause of complaint. My arrest was also spoken of, and other 
matters which I do not now recollect. 



[62J 



50 



Question by Colonel Paine. Have you ever heard any complaint 
made against me of a neglect of duty as an officer'? 

Answer. I have not. 

Question by Colonel Paine. Have you known of any officer or 
officers of the North Carolina regiment complaining of the appoint- 
ment of Colonel Paine, on political grounds? and if so, state what 
officer or officers objected to Colonel Paine on political grounds, 
and how, when, and where this objection was made. 

Answer. I heard it frequently mentioned, before Colonel Paine 
assumed command of the regiment. I do not recollect by whom, 
further than that they were officers of the regiment. From the 
course he pursued in the legislature, and the opinions he there ex- 
pressed, they could not see how he could take command of the 
regiment. His support of the preamble to the resolution passed by 
the legislature of North Carolina, making an appropriation for the 
regiment, and relating to the existing war with Mexico, being men- 
tioned. 

Question by Colonel Paine. Will you look at the paper now pre- 
sented to you, and marked L, and say if the letter, of which it pur- 
ports to be a copy, was written and mailed by you to the President 
of the United States, and at what place it was written and mailed? 

Answer. The witness having read the paper, states :| I believe the 
paper to be a correct copy of a letter written and mailed by me to 
the President of the United States. 

The court adjourned, to meet to-morrow, at 10 o'clock, a. m. 



NINETEENTH DAY. 

Saltillo, Mexico, Wednesday, February 16, 1848. 

The court met pursuant to adjournment. Present, all the members, 
and the judge advocate, recorder. 

Examination of Lieutenant Pender continued: 

Question by Colonel Paine. Do you know if an article was pub- 
lished in the newspapers of North Carolina, about the time of my 
joining the regiment at Smithsville, suggesting that I would be, or 
ought to be hissed, when I should appear before the regiment? 

Answer. I do not. I knew there were some publications in which 
very severe language was used in reference to Colonel Paine, and 
objecting to his appointment, by the Tarborough press; and I have 
always attributed his course towards me and my company, partly 
to that circumstance. I understood that the colonel was highly 
exasperated, at the time, against the author of the publications re- 
ferred to. 

Question by Colonel Paine. Did the publications of which you 
speak appear in no other newspaper in North Carolina, except the 
one mentioned in your answer to the previous question? 

Answer. I am not able to say; but think it probable that they 
did appear in other papers. 



51 [ 62 ] 

Question by Colonel Paine. Do you know, or have you heard, of 
any private of A company, North Carolina volunteers, having re- 
ceived a letter or letters, suggesting that Colonel Paine ought to 
be shot? 

Answer. Never; nor that any such letter had been received by 
any one. 

Question by Colonel Paine. Have you ever known Colonel Paine 
enter into political discussions, since he has been with the regi- 
ment? 

Answer. No. 

Question by Colonel Paine. Have you reason to believe that any 
appointments in the regiment, made by Colonel Paine, have been 
made with reference to political opinions'? 

Answer. I don't know that I have. 

Question by Colonel Paine. Was there any consultation between 
or among officers of the North Carolina regiment, on the 14th or 
15th August last, or shortly before the paper C was signed by you, 
on the morning of the 16th August, relative to calling on Colonel 
Paine to resign? 

Answer. Not immediately previous to the 16th August. 

Question by Colonel Paine. Was there, prior to the 14th August 
last, any agreement amongst officers of the North Carolina regiment,, 
or any conversation among such, relative to Colonel Paine being 
called on to resign; and if so, state what that agreement or con- 
versation was, when and where it occurred, and who was present? 

Answer. There was no agreement, but a conversation amongst 
several officers — some five or six — don't remember exactly the num- 
ber. It took place some two or three weeks previous to the 15th 
August, somewhere between the left flank company and the right 
company of the left wing. It was in front of the officers' tents — ■ 
don't recollect the particular tent. Captain Price was present, and, 
I think, Captain Kirkpatrick and Lieutenant Singleton, were pre- 
sent. The conversation related to the getting up of a paper request- 
ing Colonel Paine to resign, and the probable effect it would have 
on his course. Captain Price, I think, either on that occasion or 
at some other time, but I think on that occasion, stated something 
about refusing to drill, if, after sending in the paper, Colonel Paine 
did not change his course; that unless he did, he would not serve 
under him. That is all I recollect of the conversation which oc- 
curred on the occasion. 

Question by Colonel Paine. How came you to go to Lieutenant 
Singletery's tent, the morning after 16th August last, at the time 
you signed the paper C? 

Answer. I was sent for to go to the left wing, and went down 
there and found several officers at Lieutenant Singletery's tent, and 
I went in. 

Question by Colonel Paine. Were any officers sent for, and what 
officers, while you were at the tent of Lieutenant Singletery? 

Answer. No one was sent for, to my knowledge, while I was 
there. 



[62] 



52 



Question by Colonel Paine. Who sent for you, and who delivered 
the message to you? 

Answer* I don't recollect. I don't think I was told that any one 
wanted me. 

Question by Colonel Paine. When you objected, as you say, to 
the word " forthwith," which occurred in the original of which you 
say paper C is a copy, did any one make any opposition to the 
word forthwith being stricken out? 

Answer. No; the alteration was readily agreed to by all. 

Question by Colonel Paine. Was paper C handed by you to 
Captain Kirkpatrick, in the tent of Lieutenant Singletery; and if 
not there, at what place did you hand it to him? 

Answer. I think I did not hand the paper to Captain Kirkpatrick 
in Lieutenant Singletery's tent, but in front of the officers' tents — 
don't recollect which. I think he signed it in Lieutenant Single- 
tery's tent — am quite confident of it. 

Question by Colonel Paine. — Was paper C, which you say you 
handed to Captain Kirkpatrick, returned to you? 

Answer. I don't recollect. 

Question by Colonel Paine. Were there any persons besides 
commissioned officers in the tent of Lieutenant Singletery, while 
you were there talking about the paper C? 

Answer. I think not. I am confident there were not. 

Question by Colonel Paine. Did you take or send the paper C 
to any other person or persons, and to whom besides Captain 
Kirkpatrick? 

Answer. I think I handed the paper without any remarks to 
Lieutenant White and Surgeon Cobb, in the rear of the officers' 
tents. Lieutenant White read it and handed it back to me, and 
said he would have nothing to do with it. Dr. Cobb also declined 
signing it. I think those were all I handed it to. I used no per- 
suasion to induce any one to sign it. Previously, or after this, the 
paper was left at Lieutenant Staton's tent, and most of the offi- 
cers signed it there. 

j$ Question by Colonel Paine. Did you, or not, present the paper 
C to Lieutenant White, after you had handed it to Captain Kirk- 
patrick? 

Answer. It was afterwards, and, I think, after all the signatures 
were subscribed to it. 

Question by Colonel Paine. To whom did you last hand the 
paper C, after all the signatures had been subscribed to it? 

Answer,. I think I carried it to the adjutant's tent. I either 
carried or sent it. The adjutant was not there, and it was left at 
the adjutant's tent, with a verbal message to the clerk, that it was 
to be given to the adjutant for Colonel Paine. I don't recollect 
who the clerk was. 

Question by Colonel Paine. Was the clerk, to whom you handed 
the paper C,a private of the North Carolina regiment, and was the 
paper open or sealed, when you handed it to the clerk? 

Answer. I don't know whether he was a private or a non-com- 
missioned officer, he was one or the other: the paper was not sealed. 



53 [ 62 ] 

Question by Lieutenant Singletery. — Was the language of Captain 
Price, in the conversation referred to, understood to be the ex- 
pression of a fixed determination on his part, or merely to express 
his dissatisfaction with Colonel Paine? 

Answer. It was certainly to express his dissatisfaction with 
Colonel Paine. He spoke of the propriety of the course suggested. 
I do not think he had come to any fixed determination. 

Question by Lieutenant Singletery. Do you believe that I en- 
tertained any prejudice against Colonel Paine, at the formation of 
the regiment, and what do you know of my feelings towards him 
ihen, and afterwards? 

Answer. I believe he entertained no prejudice against Colonel 
Paine, at the formation of the regiment, and I have known him to 
defend Colonel Paine after his arrival in Mexico. A very bitter 
dispute arose one day between him and another officer of the regi- 
ment, who had said something against Colonel Paine in relation to 
his conduct as an officer. 

Question by Lieutenant Singletery. What was Colonel Paine's 
usual conduct on drill, while at Buena Yista? 

Answer. I thought it, at times, disrespectful to officers and men. 
On one occasion, I think at morning drill, while forming the regi- 
ment, it being quite cold, a private of my company put his hand in 4 
his pocket; I think inadvertently. Colonel Paine came up to him, 
and, I think, used the following onths: "You damned rascal, what 
are you doing with your hands in your pockets;" following up his 
words with a blow of his sabre. He stepped off some distance and 
again returned, and remarked to the soldier: "You appear to be 
mad; next time I will give you something to get mad at, and will 
stick my sword into you;" or words to that effect. I think this oc- 
curred on the 14th August. I drew up charges against Colonel Paine, 
but before I had an opportunity to prefer them, I was discharged. 

Question by Colonel Paine. Will you state the name of the sol- 
dier whom you say was stricken by Colonel Paine, and on what 
part of his person the blow was inflicted? 

Answer. The name of the soldier is John I. Barnes. I can't say 
positively on what portion of his body the blow was inflicted, 
but think about the centre. I was on the right of the company, 
and could not see distinctly. 

Question by the court. Was it an officer, a non-commissioned 
officer, or a private, who came after you to go to Lieutenant 
Singletery's tent, on the 16th August; and what is the name of 
the person? 

Answer. I don't recollect who the person was. # 

Question by the court. Did any of the non-commissioned officers 
or privates know of the meeting on the 16th August, or of the 
paper which was signed on that occasion? 

Answer. Not that I know of. 

Question by the court. You express it as your belief that your 
absence acted unfavorably to the health of your cousin; was your 
attendance upon him unremitting, or very assiduous? 

Answer. While I was here, I attended on him; received the pre- 



[62] 



54 



scriptions from the surgeon, and administered his medicines to him. 
He had also two men of the regiment in attendance on him; he was 
constantly delirious, and would often ask me not to leave him. 
The effect of my leaving was mental only. I have no idea that he 
suffered from neglect. He had lived with my father's family for 
several years before his appointment in the army, and we were more 
like brothers than cousins. 

Question by the court. When the permission to remain, which 
was granted to you on the plea of Captain Pender's sickness, was 
rescinded, were you not conscious of having given cause for it, by 
spending your time in a different manner than in attendance upon 
him? 

Answer. I was not; I did not leave the hotel, where he was lying 
sick, except in the evening, when it was my habit to take a ride, 
and occasionally for a few minutes at a time. 

Question by the court. Do you know, or have you any reason to 
suspect, that either non-commissioned officers or privates of the 
Virginia or North Carolina regiments were aware, before., the 13th 
August last, of the fact that the letter, of the 7th August, to Gen- 
eral Taylor had been written; which letter is appended to the re- 
cord, and marked E? 

Answer. I had not then, and have not now, any reason to sus- 
*pect that any of the soldiers of those regiments were aware that 
the letter had been written, with the exception of the man men- 
tioned in Lieutenant Singletery's testimony; and I was not aware 
of that until he mentioned it. 

Question by the court. Previous to the destruction of the wooden 
horse, before alluded to, did you know that such an act was con- 
templated; had you heard it spoken of, or had you any reason to 
suspect it? 

Answer. I did not know it; had not heard it mentioned, and had 
no reason to suspect it. 

Question by the court. Were any of the privates, or non-com- 
missioned officers, of the North Carolina or Virginia regiments 
aware, previous to the 16th of August, that you, or other officers, 
contemplated asking Colonel Paine to resign? 

Answer. Not within my knowledge. 

The court adjourned to meet to-morrow, at 10 o'clock, a. m. 



TWENTIETH DAY. 

t 

Saltillo, Mexico, 
Thursday, February 17, 1848. 

The court met pursuant to adjournment; present, all the mem- 
bers and the judge advocate, recorder. 

The examination of Lieutenant Pender, continued: 
Question by Colonel Paine. Did you, or not, present the paper, 
marked C, to Second Lieutenant Nelson Slough, of the North 



55 [ 62 1 

Carolina regiment, and ask him, at the time, if he did not wish 
to sign his death warrant, or words to that effect? 

Answer. I think not; I met Lieutenant Slough and told him 
the paper was in Lieutenant Staton's tent, if he wished to sign 
it. He read the paper in my presence, and said he would sign 
it cheerfully. I don't remember whether or not I used the ex- 
pression stated in the question. I may have done so jestingly. 

Question by Colonel Paine. Did you, or not, take the paper C 
to the tent of Captain Tipton, North Carolina volunteers, that he 
might sign it; and was he not very ill at the time? 

Answer. I do not recollect whether or not I carried the paper to 
Captain Tipton's tent; I know he was very ill at the time. 

Question by Colonel Paine. Were you present at, or did you 
hear of, any consultation, agreement or conversation, prior to the 
15th August, between or among any officers of the North Carolina 
regiment, to the effect that a commissioned officer of said regiment 
was to send in his resignation to Colonel Paine, and that if Colo- 
nel Paine did not approve the resignation, then he (Colonel 
Paine) was to be requested to resign? 

Answer. No. 

Colonel Paine here laid before the court a letter signed Wm. J. 
Price, captain North Carolina volunteers, which he requested might 
be appended to the record; for the reason that he had never 
known or heard, before Captain Price left Mexico, that he (Cap- 
tain Price) was in any way disaffected towards him, or that he had 
disapproved of his course as commander of the regiment. He also 
stated that his object in submitting the letter to the court was to 
vindicate Captain Price. 

The letter being proven by Lieutenant Singletery to be in the 
handwriting of Captain Price, it was appended to the record, and 
marked M. 

By permission of the court, Lieutenant Singletery here made the 
following statement: I have frequently heard Captain Price speak 
of Colonel Paine in the strongest terms of condemnation; he had 
done so in the presence of other persons. I remember that shortly 
before he was ordered on the recruiting service, he had tendered 
his resignation, and he stated repeatedly in my hearing that, al- 
though his professed reason for resigning Was ill health, his prin- 
cipal motive was to get from under the control of Colonel Paine. 
I have frequently heard him say, that he thought the regiment 
would be justified for refusing to muster under Colonel Paine, 
stating at the same time, that he was anxious to avoid committing 
himself; and he frequently spoke of the conduct of Colonel Paine 
as being tyrannical, overbearing, and marked by the most perfect 
contempt for his officers. 

Second Lieutenant D. H. Black, North Carolina volunteers, a 
witness, called by the court at the request of Colonel Paine, was 
duly sworn. 

Question by Colonel Paine. Do you know if a guard was called 
out by Colonel Paine on the night of the 15th August last; and if 
so, will you state the reason for calling out the guard? 



[62] 



56 



Answer. I Was sergeant major at the time. I do know that a 
guard was called out by Colonel Paine on the 15th August. It 
was called out to prevent any depredation on his tent, or insult to 
his person, and if possible, to arrest any persons who were found 
throwing rocks at his tent. 

Question by Colonel Paine. Who had charge of that guards 

Answer. I had charge of the guard. 

Question by Colonel Paine. Where was this guard posted, and 
at what time? 

Answer. It was posted at the colonel's tent, about half past seven 
o'clock, p. m. 

Question by Colonel Paine. Was there any difficulty in making 
a detail for the guard; and if so, state that difficulty'? 

Answer. There was a difficulty in obtaining the guard. I went 
to K company to detail two men from that company, and directed 
the first sergeant to send them up to the colonel's tent. I went 
back to the colonel's tent, waited some ten or fifteen minutes, and 
seeing that the detail did not come, I went again to the sergeant 
of K company. He (Sergeant Palmer) told me that he could not 
get the men to turn out, but said he would go to Lieutenant Israel, 
who was then in command of the company, and he would make 
the men go directly to the colonel's tent; I then went back to 
the colonel's tent, remained some ten or fifteen minutes, and the 
guard not having come, I went again to the sergeant. The sergeant 
said it was impossible to get the men to turn out. I told him he 
had better report the fact to the colonel, which he did in my presence. 

Question by Colonel Paine. Do you know what measures were 
adopted by Colonel Paine, to enforce obedience to the orders for 
for the detail from K company'? 

Answer. The colonel went to the street of K company, and or- 
dered the roll of the company to be called, two at a time, and or- 
dered each two to report to me in rear of his tent, and kept on suc- 
cessively sending the company by twos to the rear of his tent. He 
again had the roil called there, and ordered two men from the left 
of the company to turn out as a detail for the guard, which they 
did. 

Question by Colonel Paine. Do you know if any soldier of the 
North Carolina volunteers, not belonging to K company, was in 
that company's quarters, persuading the men to disobedience of 
orders'? 

Answer. No; not of my own knowledge. 

Question by Colonel Paine. Was any report of such soldier per- 
suading the men of K company reported to you, and by you to 
Colonel Paine? 

Answer. Yes; the report was made to me by Orderly Sergeant 
Palmer, of K company, that Private Jason Hunter, of company A, 
(one of the privates discharged by General Wool's orders, No. 
404,) stated in the street of company K, that he would be damned 
if he would turn out, and that they, the men of K company, were 
damned fools if they did so. 



57 [ 62 ] 



Question by Colonel Paine. Do you know if any stones were 
thrown at Colonel Paine, or at his tent, and at what time or times, 
on the night of the 15th August last? 

Answer. I do know that stones were thrown at the colonel's tent, 
at various times, between 8 and 10 o'clock, on the night of the 15th 
August last. 

Question by Colonel Paine. Do you know of any person or per- 
sons, not belonging to the North Carolina regiment, approaching, 
or attempting to approach, Colonel Paine's tent after the guard 
was posted there] 

Answer. I do; I saw a party of men approaching the colonePs 
tent, coming from the direction of the Virginia regiment. I went 
after them to arrest them, but they ran off, and I was unable to take 
them. They were within about twenty yards, the width of the two 
company streets, of the colonePs tent when I went after them. 
This was about 9 o'clock at night. 

Question by Colonel Paine. From what you saw on the night of 
the 15th August, had you, or not, reason to believe that the men 
not belonging to the North Carolina regiment, whom you saw in 
the camp of that regiment, intended some violence to Colonel 
Paine? 

Answer. It was evidently their design, from what I saw, to 
insult C< lonel Paine; and my opinion was that they intended vio- 
lence to Colonel Paine. 

Question by Colonel Paine. Had you, previous to the night 
of the 15th August last, heard of any threats being made against 
Colonel Paine? 

Answer. I heard none made myself, but I heard that threats had 
been made against Colonel Paine. I have heard men of the North 
Carolina regiment say, that they had heard Virginians say, that the 
colonel (Paine) had better not be flying around them when 
they were sentinels; that they would fix him. 

The court adjourned to meet to-morrow, at 10 o'clock, a. m. 



TWENTY-FIRST DAY. 

• Saltillo, Mexico, 

Friday, February 18, 1848. 

The court met pursuant to adjournment; present, all the 
members and the judge advocate, recorder. 

Examination of Second Lieutenant Black, continued. 

Question by Colonel Paine. Do you know of my having 
attempted to apprehend any persons in the North Carolina camp, 
on the night of the 15th August last? 

Answer. I do; about half-past 9 o'clock, I heard a party of per- 
sons coming from the direction of the Virginia regiment. I imme- 

5 



[62] 



58 



diately sent for Colonel Paine, and told him that a crowd of per 
sons had passed into the street of D company. The colonel wen 
down in that direction. About a minute afterwards, I heard him 
repeatedly halloo, "halt," and once, "halt or I will fire." Directly 
afterwards, there was a report of a pistol. I ordered the guard 
down, and found, on arriving in D company street, that a 
man named Bradly had been shot. The colonel then ordered the 
companies under arms, and I ordered my guard back to his tent. 
On arriving at the colonel's tent, I found two of my guard miss- 
ing, and they remained absent during the night. One belonged to 
company K and one to company D; their names are Doughty and 
Jennings. 

Question by Colonel Paine. Were any men called for from H 
company to stand guard, in camp, the night of the 15th August 
last, previous to the firing of the pistol? 

Answer. No, there were not. 

Question by Colonel Paine. Were you ordered, and by whom, to 
have a sergeant detailed from any company of the North Caro- 
lina volunteers, on the night of the 15th August last; and, if so, 
state by whom the order was given, what was the order, what 
the company from which the detail was ordered, and what oc- 
curred in consequence of the order? 

Answer. I was ordered, by Colonel Paine, to detail a sergeant 
from H company. I went to Davis, of H company, and told him 
I wanted him to act as sergeant of the quarter guard. He said 
he was sick and unable to do so. I reported it to Colonel Paine, 
and he then ordered me to detail Sergeant Hardie, of H com- 
pany. He, also, said he was sick. I reported again to Colonel 
Paine, who ordered me to go to Surgeon Cobb, and tell him to 
go and examine Sergeant Hardie, to see whether or no he was 
sick; which I did. The colonel then ordered me to go to B com- 
pany, and detail Sergeant Webb. I went and made the detail, and 
Sergeant Webb was placed in charge of the guard at the colonel's 
tent during the night. 

Question by Colonel Paine. Do you, or not, know if there were 
not an unusual number of the non-commissioned officers and 
privates of H company, North Carolina volunteers, absent from 
battalion drill early on the morning of the 16th August last, the 
morning after the disturbances in c^mp? 

Answer. I do not recollect. 

Question by Lieutenant Singletery. Was it not too dark for the 
persons who were throwing stones on the night of the 15th August 
last, to distinguish Colonel Paine, and do you believe that they in- 
tended to assassinate him, as alleged in order No. 404? 

Answer. It was too dark to distinguish a man at any distance, 
unless you knew him very well. I believe if they had got the Colo- 
nel off, they would have done him violence, but as to assassinating 
him, I can't say. 

Question by Lieutenant Singletery. You have stated that you 
thought that the Virginians would have done violence to Colonel 



59 [ 62 ] 

Paine if an opportunity had offered; do you believe they came into 
the North Carolina camp to seek an opportunity? 

Answer. It was evidently their design to insult Colonel Paine, 
and, I believe, if an opportunity offered, to do him violence. 

Question by Lieutenant Singletery. Were not the men who left 
the guard, tried and punished by court martial for this offence? 

Answer. They were tried and punished some time afterwards. 

Question by Lieutenant Singletery. Did any one, to your know- 
ledge, attempt to pass the lines of the quarter guard posted around 
Colonel Paine's tent, on the night of the 15th of August, 1847? 

Answer. No. 

Question by Lieutenant Singletery. At what time did Captain 
Tipton's company (K) join the regiment; how long was it before 
the 15th of August? 

Answer. It joined the regiment in the early part of July; I do 
not recollect what day. . 

Question by Lieutenant Singletery. Did you not detail Private 
Jason Hunter, of A company, to stand post at the colonel's tent on 
the night of* the 15th of August last, and did he not readily obey 
the order? 

Answer. I did detail him, and he stood guard at the colonel's 
tent the remainder Of the night. 

Question b^ Lieutenant Singletery. State all you know of my 
conduct as an officer, before and since the 15th of August last? 

Answer. I have always known him to be a good officer, to have 
perfect command of his company, and to be a very strict disciplina- 
rian. 

Question by Lieut. Singletery. What has been Colonel Paine's 
general conduct as commander of the regiment, before and since 
the 16th of August last? 

Answer. I know very little of his conduct as commander since 
the 16th of August, for I have not been with him; previously I was 
with him all the time, and I think he was very overbearing, to non- 
commissioned officers in particular. 

Question by Lieutenant Singletery. Please mention some in- 
stances of what you have stated? 

Answer. Once, while in camp at Papa-Gallos, I was acting as 
orderly sergeant of H company. At night, the men were sent off 
by the colonel's order to sleep with the wagons. I remained in 
camp, on the opposite side of a ravine. In the morning at reveille 
I got up to call the roll, and there were but four or five men pres- 
ent, some of whom were sick. I was waiting for the men to come 
from the wagons before calling the roll. The colonel in the mean 
time came up, and inquired where this " damned sergeant" was. 
I told him I was there; says he, "you God damned scoundrel, why 
have not you called the roll?" I replied to him that I was waiting 
for the men to come from the wagons. He said to me, "if you 
don't call your roll within five minutes after the drum ceases to 
beat, I will reduce you to the ranks, God damn you, and if I can't 
find men in your company who will discharge their duty as ser- 
geants, I will make privates of you all, and take sergeants from 



[62] 



60 



other companies." I know of other instances in which he has 
cursed non-commissioned officers and privates, but not in the "vio- 
lent manner he did on the occasion I have just stated. 

Question by Lieutenant Singletery. Did not Colonel Paine use 
a great many oaths and much violent abuse at that time, more than 
you have stated? 

Answer. I have not enumerated near all the oaths or abusive 
language he used on that occasion. 

Question by Lieutenant Singletery. Do you know any instance 
of Colonel Paine's cursing a commissioned officer? 

Answer. I do remember one instance of Colonel Paine cursing a 
commissioned officer, Captain Kirkpatrick. It was on the Rio 
Grande, the first day's march from the Brassos. I recollect his 
cursing him, but what he said I don't remember. 

Question by Lieutenant Singletery. What was Colonel Paine's 
usual manner on drill, while at Buena Vista? 

Answer. He was generally very violent in his manner. I mean 
that pretty much every day he would curse at the guides and com- 
panies. For instance, he would say, " look at that God damned 
guide, where he is going!" 

Question by Lieutenant Singletery. Did he generally treat the 
officers with any sort of respect, particularly on drill ? 

Answer. When on drill the colonel never seemed to pay re- 
spect to anything except the drill. — On reading his testimony to 
the witness he made the following addition to his answer to this 
question, to wit: I mean to say that he was not respectful to 
officers, non-commissioned officers, or privates, on drill. 

Question by Lieutenant Pender. Was not Andrew H. Bradley, 
the soldier killed, and Jason Hunter, (spoken of by you as having 
been reported by Sergeant Palmer for using improper language in 
K company,) transferred from K to A company, but a short time 
previous to the occurrence of the 15th August, 1847 ? 

Answer. They had been. 

Question by the court. Did you or any of the non-commissioned 
officers, or privates, know, at or about the times of their respective 
dates, that the paper E, or the paper C, was to be, or had been, 
signed, or sent by the officers? 

Answer. I knew nothing of the paper C until after it was sent to 
the colonel. On the evening of the 16th August, I saw a paper, 
which I suppose to be the original from which paper C was copied, 
from the fact that the word "forthwith" was erased, in Lieutenant 
Singletery's tent. I went in there, and seeing the paper on a box, 
read it. There was no one else in the tent. I know nothing about 
paper E. I do not know that either non-commissioned officers or 
privates knew anything about either of the papers. 

Question by the court. When company K was turned out under 
Colonel Paine's order, and sent by him to his tent, on the evening 
of the 15th August, where was Lieutenant Israel, the officer in 
command of that company. 

Answer. He was present, and superintended the roll-call in rear 



61 [ 62 ] 

of the colonePs tent; and I had seen him in' the street of the com- 
pany just before the colonel went there. 

Question by the court. Have you reason to believe that any 
non-commissioned officers, or privates, of the North Carolina or 
Virginia regiment were aware, before the 15th August, of the in- 
tention of officers to ask Colonel Paine to resign 1 

Answer. No, I have not. 

Question by the court. Previous to the evening of the 14th Au- 
gust last, had you heard anything said of an intention to destroy 
the wooden horse before referred to 1 

Answer. No. 

Question by Lieutenant Singletery. Did the clerk, Jones, ever 
inform you whether or not he knew the contents of paper C( C," 
when he carried it to the colonel? 

Answer. He never did. 

Question by Colonel Paine. What signatures were attached to 
the paper you saw in Lieutenant Singletery's tent on the evening 
of the 16th August last, and about what time of the evening did 
you see the paper? 

Answer. I don't recollect the signatures. It was immediately 
after dress oarade that I saw the paper. 

Question by Lieutenant Singletery. Did the clerk, Jones, ever 
say anything to you about the paper U C?" 

Answer. He said he supposed the paper "C" was the one I had 
seen him carrying to the colonePs tent on the morning of the 16th 
August. 

The court adjourned to meet to-morrow, at 10 o'clock, a. m. 



TWENTY-SECOND DAY. 

Saltillo, Mexico, 
Saturday, February 19, 1848. 

The court met pursuant to adjournment. 

Present: All the members and the judge advocate, recorder. 

First Sergeant William M. Palmer, company K, North Carolina 
volunteers, witness called by the court, at the request of Colonel 
Paine, was duly sworn. 

Question by Colonel Paine. Do you know if any disturbance 
occurred in the camp of the North Carolina volunteers on the 
night of the 15th August; and if so, state what occurred? 

Answer. The sergeant major came to me on the night of the 15th 
August last, and told me he wanted a couple of men to go to the colo- 
nel's tent. I detailed one,Robt. Rodgers, and went to detail another, 
Stradley; and when I returned to see if the first was hurrying to 
get ready, found he was taking his accoutrements off. I asked him 
if he was about ready, and he replied that he did'nt want to go* 
that he did not volunteer to come to Mexico to g.uard a wooden. 
horse; and a man, Jason Hunter, of A company, North Carolin & 



[62] 



62 



volunteers, who was standing by him, said: "Yes, you would be a 
damned fool if you did." I then went back to the other man, and 
he was not making any preparations at all, and refused to go. I 
then went to Lieutenant Israel, then in command of the company, 
and reported to him that the colonel wanted a couple of men to 
go to his tent, and that I could not get them to go. He came out 
and ordered them to go, but they still refused. A short time after 
he came out, the sergeant-major again came to me and asked me 
why the men had not bef,n sent up. I told him they refused to 
go, and I could not get them to go. The sergeant-major said I 
had better report to the colonel that the men had refused to go to 
his tent, which I did. The colonel then ordered me to detail a 
file of men and bring them to his tent. I went back and detailed 
one man, Smith; but by this time the colonel had come out him- 
self. He then ordered these men, Rodgers and Str-ddley, to be sent 
to the provost guard. I detailed private Worley, and he refused 
to take his arras to conduct these men to the guard house. The 
colonel then asked me who a certain man was, pointing at Nathan 
Tathan; and he ordered him to go with the prisoners to the guard- 
house. He refused; and it was not till the colonel had drawn his 
sword and held it over him that he was induced to obey, and take 
his arms and go with me with the prisoners to the guard-house. 
Smith, one of the first detailed, was now ready, with whom and 
Tathan, I took Worley and Rodgers to the guard-house. Stradley, 
who was also ordered under guard, absented himself and could not 
be found. 

Shortly after I came back, tattoo beat, and I called the. roll. 
The colonel coming up, asked me if the man who had been absent, 
meaning Stradly, had answered to his name. I told him he had, and 
the colonel ordered him to be taken to the guard-house. He was 
taken to the guard-house by Sergeant Henry and a file of men. 
After he had started, he turned round and spoke to the men, say- 
ing: u men, if you are men of your word, stick up to what you have 
said." The colonel then ordered me to call the roli, two atatime, 
and, as called, the men were ordered, by twos, to the rear of the 
adjutant's office tent. I was then ordered to call the roll again,, 
in rear of the adjutant's tent. The men all answered to their names,, 
and the colonel ordered the two men on the left of the company 
to go to his tent; their names are Andrew and Doughty. They 
went, and he then ordered me to march the company back to the 
company street and dismiss it. I did so, and the men all retired 
to their tents in good order. Shortly after taps, I saw the flash 
and heard the report of a pistol, and saw the men run at whom the 
pistol appeared to be fired. The*y ran from the cook fire of com- 
pany D, through the street of that company. As they entered the 
street, the intermediate tents prevented my seeing them, but when 
they were about the camp fire, they were in plain view. They 
looked like they might be eight or ten. Immediately after the gun 
was fired, the colonel called upon all the regiment to turn out un- 
der arms. I ordered our company (K) to turn out, and they did so 
in good order, and remained under arms until dismissed. The com- 



63 [62 ] 

pany was under arms from half to three-quarters of an hour, and 
when dismissed they retired to their tents. About this time the 
sergeant major reported to me that one of the men of K company, 
(Doughty,) who had been detailed for guard at the colonel's tent, 
was missing. I accordingly went to Doughty's tent, but he was 
not there, and could not be found, and I was obliged to detail 
another man, L. S. Robinson, in his place. Doughty was not found 
till the next morning. He was found at the guard-house, but he 
had gone there of his own accord. The guard house was about 300 
yards distant. The balance of the night passed off quietly. The 
next morning at reveille, while I was calling the roll, the colonel 
came up and asked the man on the right of the company if he had 
been concerned in the mutiny the previous night, and the man, 
Private O. H. Wiiliams, replied: "yes, if there was any, he was en- 
gaged in it" or words to that amount. The colonel then ordered 
me to take him to the guard-house, (provost.) I did so, and when 
I got there, I found Doughty, who had been missing the night be- 
fore. I brought Doughty back with me, and reported to the colonel, 
who then ordered me to take him (Doughty)* to the guard house. 

Paper U N" was here ordered by the court to be appended to the 
record. 

Question by Captain Tipton. Do you know of any other instance 
in which any member of my company has refused to obey the or- 
ders of Colonel Paine? 

Answer. No, I do not. 

Question by Lieutenant Singletery. After Lieutenant Israel had 
ordered them, in what terms did the men (Rodgers and Stradly) 
refuse to go to the colonel's tent? 

Answer. These men, and several others, said they would stay in 
the guard-house till the end of the war, before they would guard 
the wooden horse. 

Question by Lieutenant Singletery. Had Stradly been notified 
that he was arrested when you carried Rodgers and Worley to the 
provost guard? 

Answer. No, we could not find him to notify or arrest him. 

Question by Lieutenant Singletery. Was there any disturbance 
in company K after the men were marched from the rear of the 
adjutant's office and dismissed? 

Answer. There was none. 

Question by Lieutenant Singletery. Have you any reason to be- 
lieve that any of the men of company K had agreed to resist the 
authority of Colonel Paine, on the night of the 15th August last? 

Answer. I believe there was an agreement among some of the 
men of the company to refuse to guard the wooden horse. I have 
reason to believe this only from what Stradly said; and that is as 
much as I heard any of them say. I don't believe there was any 
further agreement to resist the colonel's authority. 

Question by Lieutenant Singletery. At what time did Captain 
Tipton's company join the regiment? 

Answer. The second day of July, 

Question by Colonel Paine. Did Jason Hunter say anything in 



[62] 



64 



relation to any other persons not going, when he said the men of K 
company were damned fools if they went to the colonel's tent? 

Answer. I don't recollect that Hunter said anything more than 
I have stated, and that he said to Rogers personally; that he, 
Rogers, would be a damned fool if he turned out. 

Question by Colonel Paine. Did you observe Nathan Tathan do 
anything with his musket, when he first took it from the stack of 
arms? 

Answer. I did not see him do anything unusual with his musket, 
as well as I can recollect. 

Question by the court. Do you know whether any of the men of 
the North Carolina regiment were aware of the intention of the 
Virginians to insult or attack Colonel Paine, on the evening of the 
15th August? 

Answer. I do not. 

Question by Lieutenant Singletery. Do you know of Lieutenant 
Singletery's being among the men of company K, on the evening 
of the 15th August, or have you ever heard that he had anything 
to do with their refusing to guard the wooden horse? 

Answer. I did not see Lieutenant Singletery in company K, on 
the evening of the 15th August, and I never heard him, at any time, 
encourage the men to refuse t© guard the wooden horse, nor have 
I ever heard that he had so encouraged the men. 

Question by Colonel Paine. Did you ever hear Lieutenant Sin- 
gletery say anything about the wooden horse? 

Answer. I don't recollect that I ever did. 

Question by Colonel Paine. Do you know, or have you any reason 
to believe, that any rocks were thrown by any men of company K, 
on the night of the 15th August last? 

Answer. I don't know of any stones being thrown by men of the 
company, nor have I any reason to believe that any w T ere thrown 
from the company grounds; nor have I any reason to believe there 
were any so thrown. 

Second Lieutenant N. White, North Carolina volunteers, a wit- 
ness called (at the request of Colonel Paine) by the court, was duly 
sworn. 

Question by Colonel Paine. Will you state if any disturbance 
occurred in the camp of the North Carolina volunteers, on the night 
of the 15th August last, and if so, state what occurred? 

Answer. On the night of the 15th August last, shortly after re- 
treat, my attention was attracted by a number of men, belonging to 
other regiments, passing to and fro, collected in groups in the 
camp of the North Carolina regiment. They were passing in dif- 
ferent directions about the camp— an unusual thing. They seemed 
to have more than ordinary intercourse and conversation with men 
of our own regiment. Between half-past eight and nine o'clock, as 
well as I can recollect, I saw Colonel Paine star-ding in the main 
street of the encampment. I walked up and entered into conver- 
sation with him. While standing very near him, a stone was 
thrown, which passed between the colonel and myself, grazing my 



65 [ 62 ] 



pantaloons. The colonel observed to me that I had better get 
away, as I was in dangerous company. We remained standing 
there until two more stones were thrown, as well as I recollect. 
We were standing there altogether, perhaps, five or ten minutes. 
We separated, and I went into my tent, near by. While in my 
tent, I heard several more stones fall. The next morning I picked 
up several stones, which I supposed were some of those thrown the 
night previous, (as we kept the grounds about always very clean,) 
some of which were as large as my fist, and I would judge, from 
their size, exceeded a pound in weight. I remained in my tent till, 
I suppose, half after nine o'clock, waiting upon Captain Shive, 
who died that night; when one of the men of my company informed 
me that there was a large crowd of men collected in company D 
street, I think he said — the third company from the right. I im- 
mediately walked out into the main street of the encampment, and 
could see, from where I stood, by means of the lights in the officers' 
tents of the Virginia regiment, a collection of persons — I should 
think from twenty to thirty, judging from their appearance, and the 
noise they made when running off — assembled in the street sepa- 
rating the officers' from the mens' tents, and, as I thought, about 
the head of company D street, North Carolina regiment. I had 
been standing there but a short time, when I saw Colonel Paine 
pass down, in rear of the line of company officers' tents of the 
right wing, in the direction of this crowd, and in a few minutes the 
crowd dispersed. As they were running off, Colonel Paine called 
upon them to halt, I think, three times, in a loud voice. No atten- 
tion was paid to the order, and some man in the crowd said: u Go 
to hell, God damn you /" and either the same, or another man said: 
u Shoots and be damned!" Immediately afterwards I heard the re- 
port of fire-arms; and I repaired to the spot, and found a man, 
whose name I understood was Bradly^ of company A, North Caro- 
lina volunteers, wounded. Colonel Paine requested me to go for 
the surgeon, which I did. In dispersing, some of the crowd ran 
down the line of company officers' tents, but the greater portion 
ran towards the front of the camp. All seemed to go towards the 
camp of the Virginia regiment. The stones which were thrown, 
while I was standing with Colonel Paine, appeared to come, as I 
judged from the direction in which they rolled, obliquely from the 
front of the camp, and over the streets of D and K companies, or 
the street of K company alone. My impression was, that the per- 
son or persons who threw the stones came to the front of the en- 
campment and looked down the main street, to ascertain the position 
of Colonel Paine, and afterwards retreated behind company K, or 
companies K and D, as several stones were thrown after Colonel 
Paine left. I thought that they were not aware that he had left 
the place. 

Question by Colonel Paine. How far was the crowd of persons, 
of which you speak as being fired at, from Colonel Paine's tent 
when you saw theml 

Answer. Not to exceed fifty or sixty yards, as well as I can 
judge. 



[ 62 ] 66 

Question by Colonel Paine. From what you saw occurring in the 
camp of the North Carolina volunteers that night, what was your 
belief as to the intentions of the crowd you last saw? 

Answer. My belief was that they intended to do Colonel Paine 
great bodily injury, and would have murdered him, had an oppor- 
tunity offered. The stones were thrown with great force. I heard 
them passing through the air, and two or three passed very near 
me. My impression is that, if one of them had hit Colonel Paine 
on the head, it might have killed him. 

Being interrogated by the court, witness further stated: My 
reason for supposing these stones were aimed at Colonel Paine 
was 3 that I heard that stones had been thrown the same evening at 
Colonel Paine's tent; and while standing with Colonel Paine in the 
main street, he remarked to me that it was not the first time stones 
had been thrown at him. 

The court adjourned to meet on Monday, the 21st February, at 
10 o'clock, a. m. 



TWENTY-THIRD DAY. 

Saltillo, Mexico, 
Monday , February 21, 1848. 

The court met pursuant to adjournment. 

Present: All the members, and the judge advocate, recorder. 

Examination of Second Lieutenant White continued: 

Question by Colonel Paine. Had you ever, previous to the night 
of the 15th August last, seen occurrences in the camp of the North 
Carolina volunteers, similar to those you witnessed there on that 
night? 

Answer. I never had. # 

Question by Colonel Paine. Do you know of any disturbance 
having occurred in the camp of the North Carolina volunteers at 
any time shortly preceding the 15th of August last; and if so, state 
what the disturbance was? 

Answer. On the evening of the 14th of August, just after retreat, 
a large number of persons, whom I judged to belong to the Virginia 
regiment, assemb'ed with some of the men of the North Carolina 
regiment around a bench or wooden horse which had been placed 
in rear of the adjutant's tent. After amusing themselves by making 
remarks and laughing at it, they dispersed. I then perceived it 
had been pulled to pieces. The next morning, I saw what I sup- 
posed to be a portion of this wooden horse stuck upon the parade 
ground, with a paper attached to it, with, 1 think, some insulting 
allusion to Colonel Paine. 

Question by Colonel Paine. State if you saw any officers of the 
North Carolina regiment standing near the scene of the disturbance 
in the camp of the North Carolina volunteers on the evening of 



67 [ 62 ] 

the 14th of August last, and whether they were condemning, or 
amused at the disturbance? 

Answer. I was standing with a group of officers at Colonel 
Fagg's, or Captain Pender's tent, at the time: there seemed to be 
some merriment, which I think was excited more by the remarks 
coming from persons assembled around the wooden horse, than by 
anything else. I do not think there was any officer present who 
had the slightest suspicion of what was about to take place. 

Question by Colonel Paine. Do you know of Colonel Paine hav- 
ing ever permitted any act of insubordination in the North Carolina 
regiment to go unpunished? 

Answer. I do not. 

Question by Colonel Paine. State what you know relative to the 
construction and use of the wooden horse in the North Carolina 
regiment? 

Answer. I was present in Colonel Fagg's tent, with Colonel 
Paine, Lieutenant Colonel Fagg, and some other officers, whose 
names 1 do not now recollect, when riding men on a wooden horse 
was spoken of by some one as a punishment sometimes adopted in 
the army, and I think Colonel Paine observed that he would have 
one erected for the benefit of some of his men who were too lazy 
to get up at reveille. It was erected, but I never heard of its be- 
ing used. 

Question by Colonel Paine. State if you heard previous to, orUm 
thai night, fthe 15th -of August,) of any threats having been made 
against Colonel Paine by any soldier, or soldiers, and to what regi- 
ment or corps they belonged? 

Answer. 1 had heard of threats having been made against Colo- 
nel Paine previous to the 15th of August, I heard that some of 
the Mississippians had threatened to shoot him when he w&s officer 
of the day. 

Question by Colonel Paine. Will you state if there was any im- 
pression among the officers of the North Carolina regiment, rela- 
tive to threats which had been made against Colonel Paine? 

Answer. I have heard some of the officers of the North Carolina 
regiment express fe^rs for Colonel Paine's safety when acting as 
officer of the day. 

Question by Colonel Paine. State if you have ever known Colo- 
nel Paine to punish either a non-commissioned officer or private of 
the regiment, except for neglect of duty, or breach of discipline; 
and state further what has been the modes of punishment for these 
offences? 

Answer. I have never known him to punish non-commissioned 
officers or privates, except for breaches of duty. The punishment 
was confinement in the guard-house, putting them in irons, and 
when they have been very noisy and ungovernable, he has some- 
times ordered them to be gagged. He has also punished non-com- 
missioned officers by confining them to their tents. 

Question by Colonel Paine. Have any punishments inflicted by 
Colonel Paine on soldiers of the North Carolina regiment been of 
a tyrannical character? 



[62] 



68 



Answer. I think not. 

Question by Colonel Paine. State if any difficulties have existed 
in the regiment in enforcing promptness of attention to roll-call, 
of attaining to cleanliness in the persons, arms, and accoutrements 
of the soldiers, and in the policing of the camp and quarters of the 
companies of the North Carolina regiment? 

Answer. Yes, a good deal of difficulty existed at one time. 
Shortly after the regiment arrived at Buena Vista, Colonel Paine 
was under the necessity of going around almost every morning to 
see whether the men attended reveille roll-call promptly; and I 
heard him make frequent complaints of their remissness. Consid- 
erable difficulty was also experienced in getting the men to keep 
their clothes, arms, and accoutrements in good order, and their 
camps well policed. 

Question by Colonel Paine. Did it or not require the personal 
attention and interference of Colonel Paine to enforce the atten- 
tion of the soldiers to many of their duties, while in camp at 
Buena. Vista? 

Answer. It did, 

Question by Colonel Paine. State when'you were elected to a 
commissioned office in the North Carolina volunteers, and what 
has been Colonel Paine's course towards the officers of the regi- 
ment, on drill, since your election? 

Answer. I think I was elected on the 28th July last, a second 
lieutenant of company "C." I had before held the office of ser- 
geant-major. Colonel Paine has sometimes been under the neces- 
sity of speaking rather harshly to some officers on drill. I don't 
think that he ever intended to insult or wound the feelings of any 
one. Sometimes when companies have gotten into confusion, and 
officers have not discharged their duties promptly, he has spoken 
in a quick, and you may say, harsh manner. 

Question by Colonel Paine. Did you ever know Colonel Paine 
to curse a commissioned officer? 

Answer. I never have. 

Question by Colonel Paine. Was it an unusual thing for com- 
pany officers of the North Carolina regiment to become irritated at 
their companies on drill, and to swear on such occasions? 

Answer. I have known them to do it frequently. 

Question by Colonel Paine. Did you witness the occurrence at 
the Brassos, when some man was knocked down by Colonel Paine, 
and will you state what occurred? 

Answer. I was standing near Colonel Paine at the time. He or- 
dered something to be taken out of a wagon and conveyed to the 
ferry boat, or to the landing, when one of the men, a hired man 
of the quartermaster's department, who was conveying a demijohn 
of wine, turned it up and commenced drinking. Colonel Paine 
reprimanded him pretty severely for it, and he peremptorily de- 
nied that he had drank any. The colonel told him that he saw 
him, and that if he denied it again he would knock him down. 
The man was disposed to be insolent in the manner of his denial. 
The colonel dismissed this man, when a crowd of teamsters, I 



69 [62 J 

suppose some twenty, assembled around the colonel,- and one who 
seemed to put himself forward as the leader said, in a very in- 
sulting tone to Colonel Paine, that if he thought he could treat 
teamsters or quartermasters' men in that way he was mistaken. I 
think the colonel asked him if he took it up, or something to that 
effect. The man said nothing, but seemed to indicate by his si- 
lence and actions that he was disposed to act the champion; 
and Colonel Paine picked up a stick which, I think, is called a 
"stretcher," and knocked the man down. He neither struck, nor 
offered to strike, the man again. He ordered the crowd to disperse, 
and they did so. 

Question by Colonel Paine. Did you witness an occurrence with 
Private Thompson, of "F" company, North Carolina volunteers, 
at General Taylor's camp in June last; and if so, state what oc- 
curred? 

Answer. I did witness it. I. was standing at the door of Dr. 
Cobb's tent, when Private Thompson was brought up by a sergeant 
to Colonel Paine. The colonel ordered him to take off his -hat, 
more than once; he still persisted in keeping it on, and Colonel 
Paine either struck him, or struck at him, and threw a tin wash 
basin at him. The colonel then asked him, I think, if he resisted, 
and his reply was that he did not; and the colonel offered him no 
more violence. 

Question by Colonel Paine. Will you state what was the man- 
ner of Private Thompson when he first came before me? 

Answer. He assumed a dogged, insolent manner. 

Question by Colonel Paine. Do you know, and if so, state what 
had been the character of Private Thompson previous to the mat- 
ter of which you spoke? 

Answer. I had not known Private Thompson previous to our 
march to this place from Camargo, nor was I acquainted with his 
character previous to the occurrence referred to. 

Question by Colonel Paine. State if you have seen in the public 
newspapers, published in and sent from the State of North Caro- 
lina, any articles relating to Colonel Paine, and what was the 
character of those articles; and whether or not these papers were 
sent to officers and soldiers of the North Carolina regiment? 

Answer. I have seen publications in the "Tarborough Press " 
the "Wilmington Journal" and "Raleigh Standard," condemning 
Colonel Paine for the course* he had pursued as commander of the 
regiment; and I have also seen articles in the "Raleigh Register " 
the "Fayetteville Observer" and the "Old North State," commen- 
datory of Colonel Paine, and sustaining his course. Many copies 
of all these papers have been received by officers and men of the 
regiment. 

Question by Colonel Paine. Were the articles of which you 
spoke, as condemnatory of Colonel Paine's course, a calm and dis- 
passionate review of his course as commander of the regiment or 
were they violent in their character; and what was the political 
complexion of the papers you have mentioned? 



[62] 



70 



Answer. The articles were violent and partisan in their charac- 
ter. The first three mentioned papers are democratic. 

Question by Lieutenant Pender. Have you not heard me express 
my opinions as to the character of Colonel Paine, as commander of 
the regiment; and, if so, please state what they were? 

Answer. 1 have heard Lieutenant Pender speak of Colonel 
Paine's character, as commander, in terms of commendation; that 
he thought him calculated to make an able and efficient officer; but 
that he adopted a too rigid system of discipline for volunteers. 

Question by Lieutenant Pender. What is my character as an 
officer in the regiment? 

Answer. He has always sustained a very fair character; has had 
the reputation of being a good drill officer. I believe he has been 
as attentive as others to his duties. 

Question by Lieutenant Pender. Were or were not my men. con- 
sidered as well drilled and disciplined as any other company in the 
regiment, when my command ceased by orders No. 404? 

Answer. His company was, as far as I had an opportunity 
of judging, as well drilled as any company in the regiment? 

Question by the court. What was the general feeling produced 
among the officers on that and the next day, by the occurrences of 
the 14th; was it laughter or indignation? 

Answer. I can't answer the question; I have no positive recol- 
lection about it either way. 

Question by the court. On the occasions, upon drill, when 
Colonel Paine's harshness and severity have been spoken of, do you 
consider he was, or was not, properly supported by his offieers, in 
the discharge of their duty? 

Answer. Frequently, in executing the manoeuvres, officers would 
make mistakes, and it was on such occasions that Colonel Paine 
was harsh in his manner. I believe, however, that, on such occa- 
sions, the officers performed their duty to the best of their 
knowledge and ability. From the length of time, however, they 
had been in service, they might have been better acquainted with 
the drill. 

The court adjourned to meet to-morrow, at 9J o'clock, a. m. 



TWENTY-FOURTH DAY. 

Saltillo, Mexico, 
Tuesday, February 22, 1848. 

The court met pursuant to adjournment, and adjourned again to 
the 23d, at 10 o'clock, a. m. 



71 [ 62 ] 



TWENTY-FIFTH DAY. 

Saltilloj Mexico, 
Wednesday, February 23, 1848. 

The court met pursuant to adjournment; present, all the mem- 
bers and the judge advocate, recorder. 

Examination of Second Lieutenant White, continued. 

Question by Colonel Paine. Will you state if Colonel Paine ever 
directed you, or if you ever went, to order or call out Lieutenant 
Singletery to morning drill, while you acted as adjutant of 
the North Carolina volunteers at Buena Vista? 

Answer. I have no positive recollection in regard to that matter. 
I do not recollect that I ever went to call out any officer to drill. 
I was sent, by Colonel Paine, one morning to Lieutenant Single- 
tery, to ask him' why he was not out at officers' drill, and 
he stated he was too unwell, and should have written a note to 
Colonel Paine to that effect, but that it was too dark to do it. What 
time this was in the morning, I don't recollect; I don't know 
whether it was before or after breakfast. 

Question by Colonel Paine. Was Lieutenant Singletery on duty 
with his company, after breakfast, on the day when you had the 
conversation with him, alluded to in your answer to the last ques- 
tion? 

Answer. I think he was. 

Captain Singleton, North Carolina volunteers, was here recalled 
at the request of Colonel Paine. 

Question by Colonel Paine. Had you any conversation with 
Lieutenant Singletery on the night of the 15th August last, or at 
any other time, relative to requesting Colonel Paine to leave the 
command of the regiment; and, if so, state what that conversation 
was? 

Answer. I had a conversation with Lieutenant Singletery on that 
subject, but I do not think it was on the night of the 15th. 
I think it whs a day or two previous. 

The conversation arose from speaking of the general dissatisfac- 
tion of the officers. I remarked to Lieut. Singletery, that if the 
officers were so much dissatisfied as not to be willing to serve under 
Colonel Paine, that I thought it was their duty to let him know the 
fact; that I did not believe that it was Col. Paine's wish to have 
command of men who were not disposed to serve under him; he 
then, I think, asked me if I thought it would do to inform Colonel 
Paine of this feeling in writing? I answered him yes. I don't know 
that there was any further conversation between us on the subject. 

Question by £ol. Paine. Were you ever present at any conversa- 
tion, when any officer of the North Carolina regiment said the regi- 
ment would be justified in not mustering under Col. Paine, or words 
■to that effect? 

Answer. No. 

Question by Col. Paine. Will you state if you know the origin 



[ 62 ] 72 

and use of the wooden horse, in the camp of the North Carolina 
volunteers, at Euena Vista? 

Answer. I think I do: on the morning of the 12th or 13th of 
xlugust, Lieut. Col. Fagg had been to reveille roll call, on the right 
wing; a number of the men failed to turn out — some six or eight — 
and were ordered to Col. Fagg's tent to be reprimanded; while the 
men were at Col. Fagg's tent, Col. Paine walked up to them; Col. 
Fagg said to Col. Paine, that he believed that he would have a 
wooden horse made for these men, alluding, I thought, to the men 
then present; Col. Paine replied, I think, very well, or to that effect. 
In a short time after, on the same day, I saw the artisan at work 
upon what he called a wooden horse; after its completion, it was 
placed in rear of the adjutant's office tent; it seemed to produce 
amusement to some of the men, whom I saw that day passing the 
horse, and some of them mounted it in sport; no one was ever or- 
dered to be placed upon it; it was torn down the evening of the 
day it was placed there. 

Question by Col. Paine. How long were you adjutant of the 
North Carolina regiment] 

Answer. I was appointed adjutant on the 8th of August, and 
acted until the 23d of October. 

Question by Col. Paine. Was there or not, while you were adju- 
tant of the North Carolina regiment, at Buena Vista, difficulty in 
enforcing proper attention to duties from officers and soldiers of the 
North Carolina regiment, and did it or not require the personal at- 
tention and interference of Col. Paine to obtain prompt attention 
to such duties] 

Answer. There was, and his personal attention and interference 
were required. 

Question by Col. Paine. Have you ever known Col. Paine to 
treat the officers, non-commissioned officers, or privates of A com- 
pany different, in any respect, from the officers, noncommissioned 
officers, or privates of the other companies of the regiment] 

Answer. I have not, except in one instance at Arispe Mills; in 
September, I think, he allowed A company to come to town in a 
body, on account of their fine appearance at inspection. 

Question by Col. Paine. Were any instructions given by Colonel 
Paine, in regard to putting soldiers of the North Carolina volun- 
teer regiment on duty, while they were in feeble health, when in 
camp at Buena Vista] 

Answer. Yes; instructions to me, both as adjutant and while 
acting as assistant surgeon, were, not to allow men to do guard 
duty, after being sick, until they had fully regained their strength. 

Question by Col. Paine, Have you ever known Col. Paine to re- 
quire of either officers, non-commissioned officers, or privates of the 
North Carolina regiment the performance of any other than the or- 
dinary duties pertaining to their several stations] 

Answer. I have not. 

Question by Col. Paine. Do you know if Col. Paine has ever per- 
mitted, tacitly or otherwise, neglect of duty, or insubordination, in 



73 [ 62 ] 

any one under his command, since he took command of the North 
Carolina regiment? 

Answer. He never has. 

Question by Col. Paine. State the position of Lieut. Singletery's 
and Captain Roberts's tents in the North Carolina camp at Bueha 
Vista, and say if you think it probable whether Lieut. iSingletery 
would have had better opportunity, at any t'me, of speaking to Col. 
Paine by going to Captain Roberts's tent than by remaining at his 
own? 

Answer. Lieut. Singletery's tent was on the right side of the 
street of the left company in the camp; Captain Roberts's tent was 
on the same side of the next street on the right — I think Lieut. Sin- 
gletery would have been as likely to see Col. Paine at one tent as 
the other. 

Question by Col. Paine. Was there or not an unusual number of 
non-commissioned officers and privates of Lieut. Singletery's com- 
pany (A) reported sick on the morning report of the 16th August 
last? t 

Answer. Yes; there were five non-commissioned officers reported 
sick on that morning — there was an unusual number of privates. 

Question by Col. Paine. State if you remember, while you were 
adjutant of the North Carolina regiment, at Ruena Vista, what were 
Lieut. Singletery's habits of early rising, and if there was anything 
unusual in his manner of bringing his company on parade? 

Answer. Lieut. JSingletery was in arrest when I was appointed 
adjutant, and remained so till within a few days before the occur- 
rences of the night of the 15th — consequently, I am not able to 
speak of his habits during that time. He was in the habit of brino-- 
ing his company on parade very slowly, and, being the right com- 
pany, I was often obliged to wait parade for him. 

Question. Will you state how often you have known or heard of 
Colonel Paine absenting himself from his command at night, since 
he has been with the North Carolina regiment in Mexico? 

Answer. I have never known or heard of his absenting himself. 

Question by Colonel Paine. Will you state how frequently Colo- 
nel Paine was absent from his camp, while stationed at Buena 
Vista? 

Answer. Never to my knowledge; except on duty. 

Question by Colonel Paine. Have you ever known Colonel Paine 
to neglect his duty, or have you ever heard him charged with any 
neglect of duty? 

Answer. No. 

Question by Colonel Paine. Do you consider Colonel Paine's 
conduct, at any time, towards the regiment on drill, or at other 
times, w T hile at Ruena Vista, disrespectful to' the officers under his 
command? 

Answer. No. 

Question by Colonel Paine. Say if you have, at any time, consi- 
dered Colonel Paine's course or conduct in the regiment tyrannical 
or partial? 

Answer. No. 
6 



[62] 



71 



Question by Colonel Paine. Was there or not a decided improve- 
ment in the personal appearance,* instruction and discipline of A 
company, North Carolina volunteers, very soon after its present 
captain took command of it? 

Answer. There was. 

Question by Colonel Paine. Has it been an unusual occurrence 
for commanding officers of companies on drill to become irritated 
at the faults ot their companies, and to swear on such occasions? 

Answer. No. 

Question by Colonel Paine. Will you state if any unusual excite- 
ment has prevailed amongst the officers of the North Carolina regi- 
ment since the first of January last? 

Answer. None that I am aware of; at least, in town, where I am 
stationed. 

Question by Lieutenant Singletery. Was not Colonel Paine's 
interference with the petty duties of the companies, a subject of 
frequent complaint among the company officers of the regiment? 

Answer. I don't know that it was. 

Question by Lieutenant Pender. Do you know, and if so, state 
to what company, or companies, the absentees spoken of at Colonel 
Fagg's tent belonged? 

Answer. I don't know. 

Question by Lieutenant Pender. Was it, or not, after I left the 
company, when Colonel Paine, as a mark of distinction to that 
company, permitted it to visit Saltillo in a body; and who was in 
command at that time? 

Answer. It was after Lieutenant Pender had left it; Captain Buck 
was then in command of it. 

First Lieutenant Singletery here desired to take the witness' 
stand, and make a statement in reference to the questions imme- 
diately preceding. 

"I merely wish to state, that the cause of going to Captain Rob- 
erts's tent, instead of my own, on the occasion referred to, is this: 
I went, first, to my own tent, which I found closed, and fastened, 
and Captain Price abed inside, and there was no light in the tent. 
I did not wish to disturb him, and seeing a light in Captain Ptob- 
erts's tent, went there and waited for Colonel Paine to come by; 
and when I asked Colonel Paine if I could speak to him there, he 
said yes. 

"On one or two occasions I w T as rather late in bringing my com- 
pany into line, on parade; for this reason — the company was ready, 
and waiting for the second "call," which the adjutant neglected to 
have sounded. That I was otherwise negligent in this matter, is not 
true; but, on the contrary. I always took some pains to hurry the 
men, preparing for duty." 

Captain O. A. Buck, North Carolina regiment of volunteers, a 
witness called by the court, at the request of Colonel Paine, was duly 
sworn. 

Question by Colonel Paine. How long were you adjutant of the 
North Carolina regiment? 



75 [62 ] 

Answer. From the 28th January, 1847, to the 2d August, 1874. 

Question by Colonel Paine. Have you considered Colonel Paine's 
course, or conduct, at any time, disrespectful to the officers of the 
North Carolina regiment] 

Answer. I hav£ not. 

Question by Colonel Paine. Will you state what was the course, 
or conduct, of Colonel Paine towards the regiment on drill, while 
at Buena Vista, and if you thought him disrespectful to the officers 
of the North Carolina volunteers, on such occasion? 

Answer. Colonel Paine, in drilling the regiment at Buena Vista, 
took great pains to explain the movements to the officers and men, 
that they might perform them understandingly; and I recollect, 
now, no instance of disrespectful and overbearing conduct to the 
officers on drill. 

Being further interrogated, witness states: There were none of 
us (officers) too well informed of our duties, and Colonel Paine, 
from his actions, appeared to feel the responsibility of bringing the 
regiment of raw recruits directly into the service, and all his ef- 
forts appeared to me to tend towards disciplining his regiment. 

Question by Colonel Paine. It has been stated to the court by a 
witness, that the first evidence of disaffection he observed amongst 
the officers of the North Carolina regiment to Colonel Paine, was, 
after the return of Colonel Paine, with his command, from Mon- 
terey to Camargo, in May last, and that this disaffection arose prin- 
cipally from its being reported that Colonel Paine had ordered 
away from a spring Captain Williamson, of the North Carolina 
volunteers. Were you present at the occurrence alluded to; and 
will you state what officers were there present, what occurred, and 
w T here it took place? 

Answer. I was present on the occasion, and was the adjutant of 
the regiment. We encamped at Papa Gallos on the 11th of May. 
The water there is known to be very bad, and, in looking about for 
better water, I discovered where it oozed out of the bank of the 
stream in small quantities. I went to a wagon, took out a spade, 
and with my own hands, dug a small hole, which commenced fill- 
ing with water. The men of the command crowded around it, and 
would not give it time to clear. I madfc a remark to Colonel Paine, 
which called his attention to it. He ordered several persons away, 
and, at last, stationed a sentinel over the spring, to keep persons 
away from it, with directions to allow no person to go down the 
bank directly to the spring. Captain Williamson came to the bank, 
and was going down it, where the colonel had directed that no one 
should go. The colonel said to him, in the tone of a request — 
"Captain Williamson, don't go down there; I have a sentinel pla- 
ced over the spring." This was the substance of what he said. 
Major Crossman, quartermaster, and some other officers, were sit- 
ting under a tree near by. The object of posting a sentinel, as I 
understood it, was, to give time for the spring to become clear. I 
will add, a^so, that the colonel directed the men to dig similar 
holes along the bank, at many places in which water could be 
found. 



[62] 



76 



Question by Colonel Paine. Was there any difficulty in getting 
the command ready to start in the morning, during the march of 
Colonel Paine, with his command, to Monterey, and on the return 
to Camargo, in April and May last? 

Answer. There was. Almost every morning the colonel was 
obliged to go about the camp, and exert himself to get the com- 
panies ready'to move at the hour appointed. This hour varied; 
sometimes it was before daylight, sometimes later, being regulated 
by circumstances, the weather, distance to water, &c. The morn- 
ing we left "Papa Gallos," going down to Camargo, the colonel 
exerted himself to make an early start, in order to get past the 
camp of a train near by before they started in the morning. The 
companies were dilatory in getting ready to start. Being further 
interrogated by Lieutenant Singletery, witness stated: The reveille 
may have been sounded two hours before day. The last of the train 
left the encampment near sunrise— between daylight and sunrise. 

Question by Colonel Paine. Will you state whether, from your 
personal observation and knowledge, you think Colonel Paine has, 
or has not, had from the officers of the North Carolina regiment 
that support in instructing and disciplining the' regiment that a 
commanding officer had a right to expect? 

Answer. I do not think that, in many instances, the colonel had 
that support which the colonel of a regiment should have from his 
company officers. As an evidence, I have known the colonel fre- 
quently to perform even the duty of orderly sergeant, in getting 
the men out to duty, &c. 

Question by Colonel Paine. Did you consider the personal inter- 
ference and attention of Colonel Paine necessary to insure prompt 
attention to duty on the part of officers and men while the North 
Carolina regiment was encamped at Buena Vista? 

Answer. Yes, absolutely necessary. 

Question by Colonel Paine. Have you ever known Colonel Paine 
permit neglect of duty or insubordination to pass unnoticed in any 
one under his command since he has taken command of the North 
Carolina regiment? 

Answer. No, I have not. 

Question by Colonel Pained Will you state if you have known 
Colonel Paine absent from his command at night since he came to* 
Mexico? 

Answer. I have never known him to be so absent. 

Question by Colonel Paine. How often did you know Colonel 
Paine absent from his camp at any time while at Buena Vista? 

Answer. I recollect no instance of his absence, unless on one 
occasion when I believe he accompanied one of the generals, or 
some of the general staff, to the battle-field — perhaps two miles in 
advance of the camp. 

Question by Colonel Paine. Have you ever known or heard of 
Colonel Paine neglecting his duty since he took command of the 
North Carolina regiment? 

Answer. I never have. 

Question by Colonel Paine. Will you state if Colonel Paine 



77 [ 62 ] 

was, or was not, frequently on duty as field officer of the day while 
at Buena Vista, and will you state if, while on such duty, he did 
or did not perform the duties pertaining to the commanding officer 
of the regiment? 

Answer. He was very frequently field officer of the day — for a 
long time every other day, and I recollect one instance of his being 
field officer of the day two consecutive days. While on duty as 
officer of the day he performed his duties as commander of 
the regiment as far as was in his power. The other field officers of 
the regiment were both sick at the time. 

Question by Colonel Paine. Can you state what were the habits 
of Colonel Paine, as to early rising, while in camp at Buena Vista? 

Answer. I believe the colonel was always up at reveille, if not 
before, while at Buena Vista, except when he was sick. 

Question by Colonel Paine. Have you had any conversation 
with Lieutenant Pender relative to an agreement said to have been 
made about "calling on Colonel Paine to resign;" and if so, state 
what the conversation was? 

Answer. I have had conversations with Lieutenant Pender, and 
in showing that he was not the originator of the proceeding, he 
said to me one day that, before Captain Price left the regiment on 
the recruiting service, the matter had been agitated among the 
officers, and that, they had come to this conclusion to request 
Colonel Paine to resign. The first conversation had on this subject 
with Lieutenant Pender occurred at Saltillo shortly after he was 
discharged; some one or two conversations have since taken place. 
The plan was, as I understood it from Lieutenant Pender, some- 
thing of this sort: Captain Price was to resign, and if his resigna- 
tion was not approved, the officers were then to request Colonel 
Paine to resign; and I once understood Lieutenant Pender to say, 
that if Colonel Paine did not resign, some of the officers were to 
refuse to do duty under him. 

Question by Colonel Paine. Have you heard Lieutenant Single- 
tery's manner at times towards Colonel Paine spoken of by officers 
of the North Carolina regiment; if so, state what was said about it? 

Answer. I have heard his manner spoken of; it was a matter of 
conversation in the camp. The next morning after Lieutenant 
Singletery was arrested at the guard tent, by Colonel Paine, I was 
with several officers, and Mr. Singletery's manner was the subject 
of remarks, and some one present said, that they never had seen a 
person who could, by his actions, exhibit more impertinence or 
contempt (I am not certain which expression was used) towards 
another, and then spoke of Mr. Singletery's manner on the eve- 
ning previous, and on another occasion which had occurred some 
time previously, on the parade or the parade ground. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



[ 62 ] 78 

TWENTY-SIXTH DAY. 

Saltillo, Mexico, 
Thursday, February 24, 1848. 

The court met pursuant to adjournment. 

Present: all the members, and the judge advocate, recorder. 

Examination of Captain Buck, continued: 

Question by Colonel Paine. State if you think Colonel Paine's 
course or conduct in the North Carolina regiment, has been over- 
bearing or tyrannical to the soldiers of the regiment? 

Answer. I do not think it has. 

Question by Colonel Paine: Do you know if any instructions 
were given by Colonel Paine to the company officers of the North. 
Carolina regiment, about putting men of feeble health on duty? 

Answer. While I was adjutant, I recollect the colonel's giving 
directions that men who had been sick should not be put on hard, 
or regular duty until the surgeon thought them able perform it. 
Men were frequently returned to the companies before they were 
able to do guard duty; there being at one time over two hundred 
on the sick report. 

Question by Colonel Paine. State, if ever on the march, or in 
camp, or at any time, joy. think Colonel Paine has been negligent 
or careless of the safety or welfare of the troops under his com- 
mand? 

Answer. I do not think he ever has been. 

Question by Colonel Paine. Have your associations with Colonel 
Paine, in the North Carolina regiment, been such as to answer 
knowingly, and will you accordingly state, if you have ever known, 
thought, or supposed, either from Colonel Paine's conduct or con- 
versation, or from anything else that has transpired in connexion 
with Colonel Paine, that he (Colonel Paine) ever attempted or 
desired, secretly or otherwise, to lessen the influence or authority 
of the officers ©r non-commissioned officers of the North Carolina 
regiment over their men? 

Answer. I have been on duty most of my time with Colonel 
Paine and intimately acquainted with him, and I believe it has been 
Colonel Paine's desire to increase the influence of the officers and 
non-commissioned officers over the men, and particularly to sup- 
port the non-commissioned officers in the exercise of their authority. 

Question by Colonel Paine. Were you present in the camp of 
the North Carolina volunteers on the night of the 15th of August 
last, at thetime the pistol was fired in camp, and if so, state what 
occurred'? 

Answer. I was in the camp of the North Carolina volunteers on 
that night; for some few minutes I had been walking through the 
tents on the right wing of the encampment. While in the rear of 
the officers' tents of A company, I heard a noise, whict I supposed 
to be Colonel Paine ordering some one to halt; he cried halt two 
or three times, and then, with an increase of voice, cried out, halt 7 
or I will "fire" at you. Immediately I heard the report of fire- 



79 [62 ] 

arras; I went in the direction of the noise to the front of D com- 
pany street, and found a man lying on the ground; I was among 
the first who reached there; I assisted the man to rise, and ascer- 
tained that he was Bradley, of A company. I called for some one 
to assist me in supporting him to his tent. I asked Bradley why 
he was out there and why he ran. His reply was, I ran because I 
was afraid the guard would shoot me. I saw his wound; the ball 
entered his back and passed out the front of his body. 

Question by Colonel Paine. Did you, at the request of Colonel 
Paine, take a copy of the notes of resignation of the officers of the 
North Carolina regiment of volunteers, sent in on the 17th of 
August last, and will you state to the court what the contents of 
the resignations were, and what officers sent in their resignations'? 

Answer. I did take copies, at the request of Colonel Paine. 
The following is the form of the letters of resignation: 

Brigade of Infantry, 
Buena Vista^ August 16, 1847. 

Sir: I hereby tender for your acceptance the commission that I 
have the honor to hold as (here the rank of the writer was inserted) 
in the (here the letter of the company was inserted) in the North 
Carolina regiment of volunteers, for the reason that I am unwilling 
to sanction by my silence, on this occasion, the imputation cast 
upon me, in common with the rest of the # company officers of the 
regiment, in connexion with the unfortunate occurrence of the night 
of the 15th of August, 1847. 

I am, sir, your obedient servant. 

Colonel R. T. Paine. 

The letters were all alike in their phraseology, and were signed, 
respectively, by Lieutenants Nash, Area,. Thompson, Haugh, 
Nichols, McKerrall, Staton, Mitchell, Yarborough, Goodson, Hyatt, 
and Keith. At the time of this occurrence I was the aid-de-camp 
to Brigadier General Gushing. These letters of resignation came 
to General Cushing's head-quarters on the 17th of August, and I 
understood they had been sent in to Colonel Paine that morning. 

Question by Colonel Paine. When Colonel Paine, on the night 
of the 15th of August last, called out halt, or I will fire, as you 
have stated, was any response made from the crowd, and what 
was the time of night when the pistol was fired? 

Answer. I heard voices which appeared to be answering him, 
but I could not hear what they said; also, when the shot was fired, 
I heard a loud cry. I think it was half an hour after taps. 

Question by Colonel Paine. Did you hear any conversation be- 
tween Lieutenant Singletery and another officer of the North 
Carolina regiment, on the evening of the 16th of August last, in the 
camp of the North Carolina regiment, after General Wool's order 
No. 404 had been published, and will you state what you heard? 

Answer. I did hear a conversation; Lieutenant Singletery and 
Lieutenant McKerrall were talking together as I passed them in 



[62] 



80 



going through the left wing of the North Carolina camp that 
evening after parade. Lieutenant Singletery said: I do not care 
about it, if you will stand up to us, or words to that effect. Lieu- 
tenant McKerrall replied: We will do so, or words to that effect. 
I understood Lieutenant Singletery to refer to his discharge; he 
was at that time apparently taking leave of Lieutenant McKerrall. 

Question by Colonel Paine. Has any excitement prevailed among 
the officers of the North Carolina regiment since the return of 
Lieutenants Pender and Singletery'? 

Answer. There has been an excitement among the officers relative 
to the vacancies that were supposed might occur in the field ap- 
pointments of the regiment. I know of no other. 

Question by Colonel Paine. State if, from the conduct or con- 
versation of Colonel Paine, you have ever had reason to suppose, 
or think him actuated by any other motive in his command, than 
one pertaining to the good of his regiment? 

Answer. I never have had any reason to suppose that Colonel 
Paine ever has been, since in command of the regiment, actuated 
by any motive other than the one pertaining to the good of his 
regiment'? 

Question by Colonel Paine. Will you state, if you know, what 
has been the tone of the Democratic papers of North Carolina to- 
wards Colonel Paine, as commanding officer of the North Carolina 
regiment, from the time of his taking command of the regiment!' 

Answer. The Democratic papers of North Carolina have gen- 
erally been denunciatory of the course of Colonel Paine. I have 
seen some articles which were calculated to d'ojhrjury to the disci- 
pline of the regiment. I believe these articles were first provoked 
by the action of the legislature, in giving the appointment of the 
field officers to the regiment to the governor. The dissatisfaction, 
as I believe, was at first wholly political. I have seen publications 
in the Democratic papers of North Carolina, purporting to have 
been written by correspondents belonging to the regiment, of a 
highly abusive character towards Colonel Paine, and I believe 
thes,e articles did an injury to the regiment by keeping up an ex- 
citement on matters which were discussed therein. Frequently, 
two or three month's afterwards, accounts would return to the 
regiment of occurrences in the regiment which had long been 
passed over or forgotten. 

Question by Colonel Paine. Have you known any privates of the 
North Carolina regiment receive from correspondents in North 
Carolina letters suggesting that Colonel Paine ought to be shof? 

Answer. I have heard that such letters have been received; on 
reflection, I recollect reading a letter suggesting that Colonel 
Paine ought to be shot, and calling him, as well as I recollect, 
li an old Whig rascal." The letter was in the possession of Private 
William Bryant, of company A, North Carolina volunteers. I did 
not look to see to whom the letter was addressed. 

Question by Lieutenant Singletery. Have you not frequently 
heard the officers of the North Carolina regiment express their de- 



81 [62] 

termination not to allow politics to have any influence on their 
conduct while in the regiment? 

Answer. I have heard individual officers of the regiment express 
that determination. 

Question by Lieutenant Singletery. Do you think that Lieu- 
tenant Singletery has ever been negligent in the instruction and 
discipline of his company? 

Answer. I do not think that he has generally been negligent on 
these points. 

Question by Lieutenant Singletery. How many empty wagons 
and loose horses were there in the command which started with 
Colonel Paine on the march from the Brassos to Camargo? 

Answer. (Referring to his memorandum.) The train consisted of 
one hundred wagons, how many of which were empty, I do not 
know, but I think very few. There were also two hundred and 
thirty horses sent up for the use of the army. This was a new 
train, and many of the teams consisted of wild mules. 

Question by Lieutenant Singletery. Were not the wheels of 
many of the wagons locked, to keep the teams from running away. 

Answer. There were, because the drivers could not manage the 
mules. 

Question by Lieutenant Singletery. Did not the company officers 
cause the knapsacks of the men 1o be put in the empty wagons, 
and did not Colonel Paine have them taken out? 

Answer. When we first started from the Brassos, we were only 
to go that night to the mouth of the river, about eight or nine 
miles distant. The colonel gave orders for the troops to be pre- 
pared for the march, and, while they were preparing, part of the 
companies had their knapsacks put in the wagons, and the colonel 
ordered them to be taken out. After we got fairly on the march, 
the men were permitted to put their .knapsacks in the wagons, at 
least those men who were fatigued, and often the men were per- 
mitted to ride in the wagons and on horseback. 

Question by Lieutenant Singletery. Were not the men at 
that time enfeebled from seasickness? 

Answer. I cannot tell. The companies which I was with landed 
at the Brassos on the 24th of March, and marched on the 26th for 
the mouth of the Pcio Grande; many of the men I sailed with (part 
of two companies) had been sea sick on the voyage. 

Questioa by Lieutenant Singletery. What do you mean by the 
men being permitted to put their knapsacks in the wagons? 

Answer. I mean that when it was discovered that a man was 
wearied by the march', or sick, he was permitted to put his knap- 
sack in the wagon and frequently to ride himself. 
> Question by Lieutenant Singletery. Did not the command suf- 
fer- very much on that march, and did you not know that the men 
were frequently found some distance behind on the road, fatigued 
and broken down? 

b Answer. It was a hard march^and I believe that all in the com- 
mand suffered. I had frequent occasion to report to the colonel 
that men of the rear guard had fallen behind. 



[62] 



82 



Question by Lieutenant Pender. After Captain Wilson's promo- 
tion, immediately followed by Lieutenant Moye's indisposition, did 
I have any assistance of company officers in my company? 

Answer. I was very sick immediately after Captain Wilson left 
the company, and knew nothing of the affairs of the company until 
I arrived at Buena Vista a month afterwards. Mr. Pender was 
then in command of the company. He was soon after on duty as a 
member of a court martial, which was in session some two or three 
weeks. He was also sick a part of the time while I was adjutant 
at Buena Vista, and an officer was daily detailed to command the 
company while Lieutenant Pender was on court martial or sick. 
There was no other officer on duty with the company during the 
time referred to. 

Question by Lieutenant Pender. What is your opinion of me as 
a drill officer and disciplinarian? 

Answer. I have a good opinion; I have had but little chance of 
observing Lieutenant Pender in command. 

Question by Lieutenant Pender. Did you not arrive at Buena 
Vista some time after the regiment, being detained at Camargo by 
some indisposition? and were you not continued on the sick report 
after your arrival, and did you not shortly afterwards receive an 
appointment in General Cushing's staff, and at what time did you 
afterwards resume your duties in the North Carolina regiment? 

Answer. I arrived at Buena Vista on the 2d of July, 1847, hav- 
ing been detained at Camargo by sickness from the 2d of July till 
the 11th; I was upon the sick report. I received an appointment 
in General Cushing's staff on the 2d of August. I was elected cap- 
tain of A company on the 20th of August, and immediately as- 
sumed command of it. 

Question by Lieutenant Pender. Did you not find my company 
disposed to be orderly and obedient, and was it not as well drilled 
as any in the regiment when you superseded me in the command? 

Answer. I did find the company disposed to be orderly and obe- 
dient, and I think it was as well drilled as any company in the re- 
giment. 

Question by Lieutenant Pender. Have you never observed in 
Colonel Paine's conduct or command of regiment any instances of 
partiality? 

Answer. I never have known him to exhibit partiality as 1 un- 
derstand it. 

Question by Lieutenant Pender. Have you not reason to believe 
that I was the choice of the company for captain after Captain 
Wilson's promotion, and is it not your opinion that I would have 
been elected had an election been ordered? 

Answer. I have no reason to believe any thing about it; I did 
not canvass the company. * Mr. Pender and myself were the only 
candidates I ever heard* spoken of for the captaincy of the com- 
pany. 

Question by Lieutenant Pender. Do you believe that politics 
has ever influenced my conduct in the regiment? 
Answer. I do not believe they ever have. 



83 [ 62 ] 

Question by Lieutenant Pender. Did you or not say to me that 
you would not run against me for captain'? 

Answer. I said I would not run against him or any one. 

Question by Lieutenant Pender. Did or did not Colonel Paine 
say to you that he once disliked A company, but since your having 
command it was a favorite company, and if so, what time was this 
said? 

Answer. I don't recollect that Colonel Paine ever said so to me. 
I think Colonel Paine has said to me since I had command that it 
was a favorite company; I don't recollect at what time. I think 
Colonel Paine has commanded the company. 

Question by Lieutenant Pender. Have you any reason to believe 
that my conduct has in any manner been such as to cause any ex- 
citement or disturbance in the regiment since my return? 

Answer. I have no reason to believe that his conduct has. He 
has attended to his duties as far as I know quietly. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



TWENTY-SEVENTH DAY. 

Salttllo, Mfcxico, 
! Friday , February 25, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers. The judge advocate being indisposed, Major Cass, a mem- 
ber, at the suggestion of the court, and with the acquiescence of 
the parties before the court, recorded the testimony. 

Examination of Captain Buck continued. 

Question by Colonel Paine. Was any company with the com- 
mand of Colonel Paine ever permitted to be without an officer? 

Auswer. None, to my knowledge. 

Question by Colonel Paine. Were, or were not, orders given to 
officers, along the line of wagons, to put their men in wagons when 
they became sick or too tired to walk on the march from Brassos to 
Camargo? 

Answer. Orders were given to that effect, after the first day's 
march. 

Question by Colonel Paine. Will you state whether at the close 
of the day's march, during the expedition from Brassos to Camargo, 
the whole of the men who set out on the march, or how many, 
would come into camp on foot? 

Answer. Generally in the morning the command started on foot, 
and the majority came into camp riding. 

Question by Colonel Paine. Were there soldiers, and about how 
many, detailed from the command daily, to ride loose horses, dur- 
ing the march from the Brassos to Camargo? 

Answer. Generally as many as fifty, sometimes more. 

Question by Colonel Paine. Will you state what companies were 



[62] 



84 



in the command that marched with Colonel Paine from the Brassos 
to Camargo? 

Answer. Companies F, G, H, and I. 

Question by Colonel Paine. Will you state if any of the soldiers 
of either companies F, G, H, or I, died shortly after our arrival at 
Camargo; when they arrived there, and when the first death oc- 
curred in either of those companies? 

Answer. We arrived at Camargo the 6th of April, and Colonel 
Paine left for Monterey on the 20th of April. I am sure no deaths 
occurred in those companies before we left. While Colonel Paine 
was absent at Monterey, two men, I am informed, of company I, 
died with the measels. 

Question by Colonel Paine. Do you, or not, remember that on 
the march from the Brassos to Camargo, Colonel Paine had frequent 
difficulties with the teamsters, because of their refusing to receive 
sick or tired soldiers, on the march, into the wagons? 

Answer. I remember he had frequent difficulties on this account. 

Question by Colonel Paine. Will you state at what time the re- 
signation of Lieutenant Moye, of A company, took effect, and if 
another officer was not assigned to duty permanently with that com- 
pany, before the resignation of Lieutenant Moye took effect? 

Answer. Lieutenant Moye's resignation took effect the 31st of 
July. Lieutenant Hyatt was permanently assigned to A company, 
with a detachment of men on the 23d of July. 

Question by Colonel' Paine. , Do you consider that any unneces- 
sary hardship was imposed on the soldiers, on the march from the 
Brassos to Camargo, under the command of Colonel Paine? 

Answer. I consider not. 

Question by Lieutenant Singletery. Do you know that any pa- 
pers, denouncing Colonel Paine, were received in the regiment at 
Buena Vista? 

Answer. I believe papers denouncing Colonel Paine were re- 
ceived at Buena Vista, but I cannot answer positively. 

Question by Lieutenant Singletery. Do you remember what num- 
ber of sick men there were at Camargo, in the command which 
marched from the Brassos with Colonel Paine, when the latter left 
for Monterey? 

Answer. I do not remember. 

Question by Lieutenant Singletery. Did you ever hear Colonel 
Paine use language similar to this: " If Singletery cuts up such 
shines as that, I will have him sent home dishonorably?" 

Answer. I do not recollect hearing any such language. 

Question by Lieutenant Pender. Was not Lieutenant Moye's re- 
signation accepted, some time previous to his quitting the regi- 
ment, to take effect at the time mentioned by you, and had he not 
left the regiment on furlough during the interim. 

Answer. Lieutenant Moye's resignation was accepted about the 
10th of July, and he immediately left the regiment. 

Question by Lieutenant Pender. Was not Lieutenant Moye quite 
sick for some months previous to his resignation, and did he not 
die on his return home? i 



85 , [ 62 ] 

Answer. Lieutenant Moye was quite sick, from the 15th of May 
until the time of his resfgnation, and I hare been informed he died 
at New Orleans. 

Here the court, at the request of Colonel Paine, called Doctor 
Gaston D. Cobb, surgeon U. S. volunteer service, who being duly 
sworn, accordingly took the witness's stand. 

Question by Colonel Paine. Will you state for what length of 
time you have been attached as surgeon to the North Carolina re- 
giment? 

Answer. Ever since the 20th of February, 1847. 

Question by Colonel Paine. For what? length of time, during 
your service with the North Carolina regiment, have you been 
separated from Colonel Paine'? 

Answer. About a month. 

Question by Colonel Paine. Say if you have thought Col. Paine's 
course or conduct in the regiment disrespectful to the officers of 
the regiment. 

Answer. I have considered his manner as harsh at times, but 
never what I thought disrespectful. 

Question by Colonel Paine. Say if you have thought Colonel 
Paine's course or conduct in the regiment tyrannical or overbearing 
to the soldiers of the North Carolina regiment. 

Answer. No; I have not. 

Question by Colonel Paine. Will you state whether you have 
reason to suppose that Colonel Paine has been actuated by any 
other motive in his command than one pertaining to the good of 
his regiment? 

Answer. I have no reason to suppose so. 

Question by Colonel Paine. Say if on the march, or in camp, or 
at any other time, you think Colonel Paine has been negligent or 
careless of the welfare of the troops under his command. 

Answer. No; I do not. 

Question by Colonel Paine. State if you think Colonel Paine has 3 
at any time, shown a neglect or carelessness in anything pertaining 
to the good of the troops under his command. 

Answer. I think not. 

Question by Colonel Paine. State if you believe any unnecessary 
hardship was imposed on the soldiers under Colonel Paine's com- 
mand during the march from the Brassos to Camargo; and will you 
state what you remember of Colonel Paine's course on that march'? 

Answer. When we left the Brassos there were a good many 
wagons, as I understood, lightly loaded, and some probably that 
had no load at all; the men had very heavy knapsacks; I told the 
colonel I thought it would be best to permit the men to put their 
knapsacks in the wagons. He said no; they would have to learn 
to carry their knapsacks, and it was as well they should commence 
then; but if I should single out any men who were unable to carry 
their knapsacks, they should be relieved by putting them in the 
wagons. They all, 1 think, carried their knapsacks during the first 
day, from the Brassos to the mouth of the river, and started with 



[62] 



86 



them on the next morning; but before we stopped for the night 
they had nearly all put their knapsacks in the wagons. Except 
this order to carry the knapsacks, I know of no duty imposed on 
them during the march which could be considered hard. 

Question by Colonel Paine. Do you think that any soldiers of 
the command that marched with Colonel Paine from the Brassos to 
Camargo died from the effects of any hardships imposed by the 
order of Colonel Paine on the march] 

Answer. I do not think so. 

Question by Colonel Paine. Do you know if the other companies 
of the regiment did or not suffer as much, or more, from sickness 
than the soldiers of those companies who marched with Colonel 
Paine from the Brassos to Camargo? 

Answer. They all suffered as much as those companies, and some 
of them more. 

Question by Colonel Paine. Have you received instructions from 
Colonel Paine relative to putting on duty men of feeble health in 
the North Carolina regiment; and have you or not frequently been 
called on by Colonel Paine to examine soldiers of the regiment 
who had been detailed for duty, and report if they were fit for the 
duty upon which they had been detailed] 

Answer. The colonel has told me repeatedly no men should go 
to duty until I said they were able; and I have been repeatedly 
called on to examine and give my opinion of men who had been 
detailed for duty. 

Question by Colonel Paine. Have your associations with Colonel 
Paine in the North Carolina regiment been of such a character as 
to enable you to answer knowingly, and if so, will you state ac- 
cordingly if you have ever known, thought, or supposed, from 
Colonel Paine's conduct or conversations, or from anything else, 
that he (Colonel Paine) has ever attempted or desired to lessen the 
influence or authority of either officers or non-commissioned officers 
of the North Carolina regiment over their men. 

Answer. I have been intimately associated with Colonel Paine, 
and I have never known him endeavor to diminish the authority or 
influence of officers or non-commissioned officers over the men; on 
the contrary, he has attempted to increase it. I have heard him fre- 
quently reprove the non-commissioned officers for not causing the 
men to treat them with more respect. 

Question by Colonel Paine. Were you present at any time when 
Lieutenant Singletery, being under arrest, was sent for by Colonel 
Paine; and will you state what occurred, and if Colonel Paine called 
out in a loud voice that Lieutenant Singletery was in arrest, or 
close arrest] 

Answer. I was at or near Major Stokes's tent, and I recollect 
seeing Lieutenant Singletery near it, but whether he had been sent 
for by Colonel Paine I don't know; this was soon after Lieutenant 
Singletery was released from arrest. In my hearing he told Colo- 
nel Paine that he felt entirely innocent; and that for his own jus- 
tification, he would very much like to stand a court martial, or 
words to that effect. The colonel told him if he wished a trial he 



87 [ 62 ] 

could certainly have one, and to go to his tent, and consider him- 
self in arrest. When he was a short distance from the tent, the 
colonel called to him. and told him to consider himself in close 
arrest. The voice seemed to me not louder than was necessary 
for the distance. 

Question by Colonel Paine. Have you heard any officer of the 
North Carolina regiment say anything about the destruction of the 
wooden horse, at the camp of the North Carolina volunteers, at 
Buena Vista, on the evening of the 14th. of August last, and will 
you state what such officer said about it. 

Answer. I think it was the day after the horse was torn down, 
that I was talking to some of the officers, among whom were Lieu- 
tenants Singletery and Wiley; one or the other of them remarked 
to me, (I don't remember which, but I think it was Lieutenant 
Singletery,) that it was well enough the horse was torn down by 
the Virginians, for if they had not done it, they would have done 
it themselves, or had it done. 

Question by Lieutenant Singletery. Do you not recollect, on the 
occasion referred to, Colonel Paine used these words: "Mr. Buck, 
Mr. Singletery is in arrest, close arrest," and do you not think he 
could have been heard distinctly at the right of the camp? 

Answer. I do not recollect Colonel Paine's having used these 
words. 

Question by Lieutenant Singletery. Did you ever hear any po- 
litical discussions in the North Carolina regiment, and if so, be- 
tween what persons'? 

Answer. I have heard very few, and they have chiefly been be- 
tween Colonel Paine and myself. 

Question by Lieutenant Singletery. Have you not heard much 
complaint of Colonel Paine's conduct towards the officers'? 
Answer. Yes, I have heard of much complaint. 
Question by Lieutenant Singletery. Have you, or not, heard 
Colonel Paine abuse the President of the United States'? 

Answer. I have heard the colonel disapprove of the course of the 
administration, in relation to the war; I have not heard him in- 
dulge in any personal abuse. 

Question by Lieutenant Singletery. Upon what occasion did the 
officers mostly complain of Colonel Paine's treatment, and did you 
have an opportunity of judging of the justice of the complaints? 
Answer. The occasions chiefly were upon drill; I had no oppor- 
tunity of judging of the justice of these complaints. 

Question by Lieutenant Pender. Have you any reason to believe 
that the sickness in my company was owing to any neglect on my 
part towards my company? 

Answer. I have no reason to believe so, 

Question by Lieutenant Pender. *A.t what time was Lieutenant 
Moye taken sick at Camargo, and was he afterwards able to per- 
form military duty? 

Answer. Lieutenant Moye, I think, was taken sick about the 10th 
of May, and never was able to perform military duty afterwards. 



[ 62 ] 88 

Question by Lieutenant Pender. Was I not reported sick at the 
time of the occurrences of'the 14th and 15tb of August, 18471 

Answer. Yes, 

Question by Lieutenant Pender. Was I not on the sick report at 
the day of my discharge, on the 16th of August, 1847? 

Answer. Yes. 

Question by Lieutenant Pender. Have you not reason to believe 
that several men of my company died from being put on guard 
when not able to perform that duty? 

Answer. I have no reason to think so. 

Question by Colonel Paine. Do you, or do you not, think that a 
great deal of sickness in the North Carolina regiment was owing to 
a want of proper attention to the diet of the soldiers? 

Answer. I think so. 

Question by Colonel Paine. Will you state if you know of your 
own professional knowledge, that Lieutenant Pender was sick on 
the 14th and 15th August last? 

Answer. I know it professionally. 

Question by Colonel Paine. Were you sent to examine and re- 
port if a soldier of the North Carolina regiment was fit for duty on 
the night of the 15th of August last, after the pistol was fired in 
camp, and will you state the result of the examination? 

Answer. The colonel ordered me to examine Sergeant Hardie, of 
H company, and to report accordingly. I did so; on returning to 
make my report, I found the colonel absent. The next day, in re- 
ply to the colonel's question on the subject, I stated that I thought 
the man fit for duty. 

Question by Lieutenant Singletery. Do you think the company 
officers were to be blamed for the bad diet of the men? 

Answer. I think not; the articles furnished, I know, were often 
very bad, and from them it was impossible to obtain good diet. 

Question by Lieutenant Singletery. Did I not go with you to 
Sergeant Hardie's tent, and did you tell me you thought him fit for 

dut y- 

Answer. I think I recollect Lieutenant Singletery's having gone 
with me, and that I said to him, Hardie might be a little unwell, 
but was as able to perform his duty as many others who were then 
on duty. 

Question by Lieutenant Pender. Have you not known a portion 
of the rations drawn by my company to have been reported by me 
to the colonel as unfit to eat? 

Answer. I have. 

Here the court, at tie request of Colonel Paine, called Major M. 
S. Stokes, of the North Carolina regiment, who being duly sworn, 
took the witness stand. 

Question by Colonel Paine. Will you state if you think Colonel 
Paine's course or conduct in the North Carolina regiment has been 
disrespectful to the officers of the regiment? 

Answer. I think not. 

Question by Colonel Paine. Will you state, if you think Colonel 



89 [ 62 ] 

Paine's course or conduct to the North Carolina regiment, on drill, 
has been at any time disrespectful to the officers of the regiment? 

Answer. Not to my knowledge. 

Question by Colonel Paine. Do you consider that Colonel Paine's 
course or conduct in the regiment has be*en tyrannical or overbear- 
ing towards the soldiers of the regiment 1 ] 

Answer. I do not know. 

Question by Colonel Paine. Do you know, or have you any rea- 
son to think, that Colonel Paine has ever attempted, secretly or 
otherwise, to lessen the influence or authority of the officers or 
non-commissioned officers of the North Carolina regiment over 
their men? 

Answer. I neither know, nor have reason to think so. 

Question by Colonel Paine. Do you think, or have you any rea- 
son to suppose, that Colonel Paine, in his official course towards 
his regiment, has been actuated by any other motive than one per- 
taining to the good of the regiment? 

Answer. I have no reason to suppose him actuated by any, other 
motive than the promotion of the discipline and good order of the 
regiment. 

Question by Colonel Paine. Were you present when Lieutenant 
Singletery, being in arrest, was sent for by Colonel Paine; and do 
you, or not, recollect if Colonel Paine cried out in a loud tone of 
voice, that Lieutenant Singletery u is in arrest, in close arrest?'' 

Answer. I was present on one occasion when Colonel Paine sent 
for Lieutenant Singletery, who was then in arrest, and told him he 
intended to restore him to duty. Lieutenant Singletery replied 
that he would prefer a court martial in vindication of his inno- 
cence. The colonel replied, very well, consider yourselr, under 
arrest, or words to that effect. I do not recollect his using any 
loud tone with that language on the occasion. 

Question by Colonel Paine. Had you reason to complain of Lieu- 
tenant Pender, while under your command at Cerralvo, about any 
remissness of duty? 

Answer. I had occasion to report Lieutenant Pender at Cerralvo, 
for inattention to his company. 

Question by Colonel Paine. Was there or not a very decided 
improvement in the appearance, discipline, and instruction of A 
company, North Carolina volunteers, very soon after its present 
captain took command of it? 

Answer. There was. 

Question by Lieutenant Singletery. Do you remember in what 
manner I spoke to Colonel Paine, when I requested from him a 
trial by court martial at Buena Yista? 

Answer. Lieutenant Singletery spoke to him in a respectful 
manner. 

Question by Lieutenant Singletery. Did not Colonel Paine, after 
I left your tent, call me back, and after some conversation, cry in 
a loud voice, u Mr. Buck, Mr. Singletery is in arrest, in close ar- 

Answer. I do not recollect this having taken pFace. 
1 



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90 



Question by Lieutenant Singletery. Do you think that Colonel 
Paine has exercised good judgment in the drill and discipline of 
the regiment'? 

Answer. I think he has. 

Question by Lieutenant Pender. In your statement that you had 
to speak to me relative to my. company, was this concerning the 
discipline, or was it the disorganized appearance of my company'? 

Answer. It was more particularly in reference to that branch "of 
discipline which concerns their appearance upon drill; I will add. 
Lieutenant Pender had very few men at the time, perhaps not more 
than eight or ten fit for duty. 

Question by Lieutenant Pender. Was not my command at Cer- 
ralvo composed principally of the most infirm, the able part of my 
command having been detached from its company to escort wagon 
trains'? 

Answer. Yes. 

Question by Lieutenant Pender. Was not my health generally 
bad while at Cerralvo, laboring under jaundice? 

Answer. I cannot say generally. He was sick there with the 
jaundice. 

Question by Lieutenant Pender. Did I have any assistance of 
commissioned officers in my company, while at Cerralvo? 

Answer. You had not. 

Question by Lieutenant Singletery. Is there at. present any cap- 
tain, and how many lieutenants are there in my company? 

Answer. There is no captain; there are four lieutenants. 

The court adjourned to meet to morrow, at 10 o'clock, a. m. 



TWENTY-EIGHTH DAY. 

Saltillo, Mexico, 
Saturday , February 26, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate, recorder. 

Colonel J. F. Hamtramck, Virginia regiment, a witness called by 
the court, at the request of Colonel Paine, duly sworn. 

Question by Colonel Paine. Did Colonel Paine report to you, as 
commanding officer of the Virginia regiment, any outrage commit- 
ted by soldiers of your regiment on the evening of the 14th of 
August last, in the camp of the North Carolina volunteers at Buena 
Vista? » 

Answer. I am not certain as to the' day, but I know that Colonel 
Paine often complained to me of misconduct of my men, and on 
the evening referred to, I think he brought two men to me as 
offenders. I think he remarked that they were prominent in the 
crowd the night before, and that they were the same men who had 
been there the night before, and if they were gotten rid of, there 
would be so much less disturbance. 



91 [621 

Question by Colonel Paine. Did you consider the destruction of 
the wooden horse in the camp of the North Carolina volunteers an 
outrage, or not? 

Answer. Certainly I do. 

Question by Colonel Paine. Do you remember if the evening on 
which the two men were brought to you by Colonel Paine, was the 
evening of the night on which the mutiny took place in the camp 
of the North Carolina volunteers'? 

Answer. I am not certain, but I think it was the same. I was 
not present at the time, being in General Wool's tent, occupied in 
business with him, when I heard the explosion of a pistol or ^un. 

Question by Colonel Paine. Can you say whether Colonel Paine 
did or did not, in your presence, forbid or order the men of your 
regiment who were standing near at the time Colonel Paine carried 
the two men to your tent, not to come into the camp of the North 
Carolina volunteers again that night? 

Answer. He did, and I reiterated the order. 

Question by Colonel Paine. Was any man of the Virginia regi- 
ment shot on the night of the loth of August last, the night of the 
mutiny spoken of, and in what part of his person was he shot? 

Answer. Yes, and shot in the hand. I think his name was King, 
the same man who was discharged by General Wool. When I 
heard the explosion, I repaired to camp, and on my arrival there., 
ascertained one of my men had been shot by Colonel- Paine, as 
well as one of his own regiment. I went to see King in his tent. 
He was lying on a pallet, holding his wounded hand in the other 
hand. I asked him how he came to be engaged in that mutiny, 
since I had given orders, that none of my men should go into the 
North Carolina camp, at any time after retreat. He said he was 
merely a spectator, and when the crowd ran, he ran too; and that 
the ball struck his hand after passing through the other man. I 
said I wished he had been killed. 

Question by Colonel Paine. What was the character of the man 
of the Virginia regiment, who was shot? 

Answer. Bad. 

Question by Colonel Paine. Will you state what was the manner 
in which Colonel Paine discharged his duties as an officer, while at 
Buena Vista? 

Answer. Colonel Paine has discharged his duties most faithfully; 
a better officer I never knew. 

Question by Colonel Paine. Have you any reason to believe 
that Coionel Paine, while at Buena Vista, ever interfered with any 
officer or soldier, except when in the proper discharge of his offi- 
cial duties? v; 

Answer. None. 

Question by Colonel Paine. What was the character of the 
soldiers of the North Carolina regiment, previous to the mutiny 
spoken of, for deportment and discipline? 

Answer. Not very good. The material I regarded as good, but 
I did not consider he was w r ell supported in enforcing discipline. 

Question by Lieutenant Singletery. Did General Wool ever show 



[62] 



92 



you a letter from General Scott, concerning vacancies in volunteer 
regiments, and ask your opinion as to the power it granted? 

Answer. N©. 

Question by the court. Was it known to any of the officers, non- 
commissioned officers, or privates of the Virginia regiment, prior 
to the 14th of August last, that the officers of the North Carolina 
regiment had signed and sent to General Taylor, a paper preferring 
charges against Colonel Paine'? 

Answer. Not to my knowledge. 

Question by the court. Have you any reason to suppose there 
was any collusion or understanding between any individual officers, 
non-commissioned officers, or privates of the Virginia and North 
Carolina regiments, in relation to the disturbances of the nights of 
the 14th or 15th of August? 

Answer. I had not the least reason to believe there was any such 
understanding, but I have since reason to believe that there was an 
understanding between some of my men, and men of the North 
Carolina regiment; without, however, the knowledge of any of my 
officers. I believe now, that some of the officers and non-commis- 
sioned officers of the North Carolina regiment were concerned in 

it. 

Question by the court. Have any facts come to your knowledge, 
since those occurrences, inducing such belief; if so, state what 
they are? 

Answer. My belief is based upon these circumstances: The joint 
letter of some of Colonel Paine's officers, requesting him to resign; 
the difficulties which some of those officers have thrown in the dis- 
charge of his duty, in every way, induced me to believe they had 
determined to drive him out of the regiment. 

Question by Lieutenant Singletery. What officers of the North 
Carolina regiment do you now believe have been engaged in the 
disturbances of the 15th of August last? 

Answer. I cannot mention their names, having but little acquaint- 
ance with them. 

Question by Lieutenant Singletery. What has induced you to be- 
lieve that any officers of the North Carolina regiment had thrown 
difficulties in the way of the colonel, in the discharge of his duty? 

Answer. A variety of reasons. Colonel Paine, I do not think, 
has been properly supported by many of his officers; and, if it had 
been my misfortune to have had such officers in my regiment, I 
would have resigned and returned home, long since. But for 
Colonel Paine, arid a few other officers, the regiment would not be 
what it is, in discipline, drill, conduct and deportment. These 
opinions are founded upon my own personal observation, having 
been stationed near the regiment since last June. 

Question by the court. What was your opinion, and the general 
opinion, so far as you were acquainted with it, with regard to the 
support afforded to Colonel Paine by his officers, on the occasions 
of the 14th and 15th of August? 

Answer. Not supported at all. They should have been put in 
irons— all those implicated, I mean 



93 [ 62 ] 

Question. Did General Wool act, in the matter of the discharges 
of Lieutenants Singletery and Pender, and the two privates, upon 
his own motion, or did he consult upon the subject with others; and 
if so, with whom, and what was their opinion and advice? 

Answer. He did not consult with me on the subject, and I do not 
know of his having consulted with others: by consulting, I mean 
asking advice. 

Here Captain W. M. Robinson, of the Virginia volunteers, was 
called by the court, at the request of Colonel Paine, and duly 
sworn. 

Question by Colonel Paine. Did you come into the camp of the 
North Carolina volunteers, on the night of the 15th of August last, 
after the pistol was fired in the camp, and where did you meet 
Colonel Paine, and what was he doing? 

Answer. I came into the camp on that night, but it is so long 
since, I do not precisely remember where I met Colonel Paine, or 
what he was doing. I recollect, on that occasion, advising Colonel 
Paine not to expose himself, as I considered him in great danger. 
I had heard threats of vengeance against him, and Dr. Caulfield had 
informed me that he heard one of the men vowing he would take 
his life that night. Being further interrogated ? he added: I cau- 
tioned the colonel not to go jnto the right wing; it was there I 
heard the threats. 

Question by Colonel Paine. When you passed into the North 
Carolina camp, at the time you mentioned in your former answer, 
did you see any soldiers of other than the North Carolina regiment, 
in Colonel Paine's camp, and in what part of his camp? 

Answer. I saw a number from the Virginia regiment, and, I think, 
some from the Mississippi regiment. They were near the first and 
second companies, on the right of the camp. I ordered those men 
whom I recognized as belonging to the Virginia regiment, to go to 
their quarters. There was a great crowd, great excitement, and. 
great confusion. Several officers of the North Carolina regiment 
were present, and I was greatly surprised to perceive they made no 
efforts to suppress the disturbances. The night was dark, and I 
was not able to recognize the officers. I think I saw Lieutenant 
Pender there for a moment. 

Question by Colonel Paine. Do you remember if the company of 
the North Carolina volunteers, in whose quarters you saw soldiers 
of the Virginia regiment, was or was not under arms, at the time 
you came into the camp of the North Carolina volunteers'? 

Answer. I do not remember distinctly; I do not think it was, 
however. 

Question by Colonel Paine. How long, after the pistol fired, be- 
fore you went into the camp of the North Carolina volunteers'? 

Answer. I was in my tent, I think, when I heard the shot; and 
it struck me, instantly, it was fired by Colonel Paine. I went there 
immediately. My reason for thinking Colonel Paine had discharged 
the pistol was, because I had repeatedly seen him insulted in the dis- 
charge of his duty. Believing these insults had reached a critical 



[«] 



94 



point, and being firmly persuaded tha4; Colonel Paine was not a 
man to endure being trampled on, I instantly concluded he had fired 
off the pistol. 

Question by Colonel Paine. Had you any conversation with Dr. 
Caulfield about any crowd of soldiers that met near the right wing 
of the North Carolina camp, on the night of the mutiny in that 
camp, and will you state what that conversation was] 

Answer. I do not remember anything connected with that conver- 
sation with Dr. Caulfield, except what I have before stated; which 
statement Dr. Caulfield subsequently confirmed. On further re- 
flection, I now recollect that Dr. Caulfield stated that he overheard 
a conversation between some men in the crowd, on the night of the 
15th of August last, with regard to the destruction of the wooden 
horse — I think it was in reference to the horse, but I am not confi- 
dent. Some were encouraging others to advance, stating the guard 
would not molest them; that they would sooner fire upon the 
colonel. 

Question by Colonel Paine. Were you officer of the guard at 
Bucna Vista at times when Colonel Paine was on duty as field 
officer of the day] 

Answer. Several times. 

Question by Colonel Paine. Did or did not Colonel Paine, at 
the times you spoke of in your last answer, require of all a faith- 
ful discharge of their duties, and will you state if you think on 
such occasions Colonel Paine went beyond the requirements of the 
duty of a soldier'? 

Answer. He required of all a faithful discharge of their duties; 
never to my knowledge went beyond this. 

Question by Lieutenant Pender. At what time was it when you 
think you saw me] 

Answer. It was when I went into the North Carolina camp, after 
the discharge of the pistol. 

Question by the court. Was it known by any of the officers, 
non-commissioned officers, or privates of the Virginia regiment, 
prior to the 14th of August, that the officers of the North Carolina 
regiment had agreed and sent a paper to General Taylor, preferring 
charges against Colonel Paine? 

Answer. Not to my knowledge. 

Question by the court. Have ycu any reason to suppose that 
there was any collusion or understanding between any individuals 
of the Virginia regiment and North Carolina regiment, in relation 
to the disturbances of the 14th and 15th of August? 

Answer. I have no other reason for so believing than my having 
met so many Virginians in the North Carolina camp on that night. 

Question by the court. What was your opinion and the general 
opinion, with regard to the support afforded to Colonel Paine by 
his officers on the occasion of the 14th and 15th of August? 

Answer. I did not think he was properly supported by his officers 
on that occasion, and those officers with whom I have conversed 
on the subject entertained that opinion. 

Question by the court. What was the general opinion among the 



95 [ 62 ] 

officers of the Virginia regiment, in reference to the actions of 
Colonel Paine on the evening of the 15th of August last? 

Answer. The morning after the difficulty I had a conversation 
with a number of the officers, many of whom expressed a good 
deal of indignation, in regard to Colonel Paine's conduct, until I im- 
parted to them the explanation I had received from Colonel Paine, 
when they changed their opinions entirely. By Colonel Paine's 
conduct, I mean his shooting King. I asked several of them if they 
would not have acted similarly under such circumstances; and they 
replied, yes. 

Question by the court. Was Colonel Paine generally disliked by 
the men of all the volunteer regiments encamped at Buena Vista, 
in August last; and if so, what do you suppose was the cause of 
such dislike? 

Answer. He was disliked, and it was because he did his duty 
strictly; for no other reason that I know of. 

Question by the court. Was it or not your opinion that a mutiny 
occurred in the camp of the North Carolina volunteers, on the 
night of the 15th of August, 1847? 

Answer. I consider it was a mutiny. 

Question by Lieutenant Singletery. Do you not think that the 
other field officers in camp did their duty; and if so, why were 
they not disliked as much as Colonel Paine? 

Answer. I do not think all did their duty; those who did dis- 
charge their duty, were at first disliked quite as much as Colonel 
Paine. I think that dislike on the part of the men against such 
officers was not of long continuance, and these very officers be- 
came at length the greatest favorites; I mean in the Virginia regi- 
ment. The reason why I consider this dislike to have been of 
short duration in my regiment, was, because the men and officers 
soon became aware of the necessity of strict discipline, and be- 
cause there was no familiar intercourse between officers and men. 
In other regiments I know there was familiar intercourse, on the 
contrary, between officers and men. 

Question by Lieutenant Singletery. Do you think the men of the 
Virginia regiment had discovered and acknowledged the necessity 
of strict discipline .before the 16th of August last? 

Answer. No, I think not; certainly not to the extent they now 
do. 

Question by Colonel Paine. Were those field officers, whom you 
have spoken of as at first disliked and belonging to the Virginia 
regiment, supported and sustained by the company officers of their 
regiment? 

Answer. They were always sustained, even when some of the 
company officers-considered them in the wrong. 

Question by the court. Was the same support afforded in the 
North Carolina regiment, under similar circumstances? 

Answer. I think not, from what I have seen and heard; my 
opinion is formed chiefly from what I have heard. 

Here Colonel Hamtramck was called, at the request of Colonel 
Paine. 



[62] 



96 



Question by Colonel Paine. Do you, or not, consider that there 
was a mutiny in the camp of the North Carolina volunteers, on the 
night>of the X5th of August last. 

Answer. Certainly I consider there was. 

Question by Colonel Paine. Will you state if you had any con- 
versation with Dr. Caulfield, assistant surgeon of the Virginia regi- 
ment, about a crowd of soldiers assembled on the right wing of the 
camp of the North Carolina volunteers, on the night of the mutiny 
in that camp, and will you state what that conversation was? 

Answer. What Doctor Caulfield told me, is perfectly fresh in my 
memory. Shortly after the occurrence of the 15th of August he 
informed me of what he had overheard, and just before he left 
repeated it to me. As junior assistant surgeon, he was posted on 
the extreme left of my regiment, and consequently immediately on 
the right of the North Carolina regiment. The position of his tent 
accounts/for the manner in which he overheard the conversation. 
Men had collected in the right wing of the North Carolina regi- 
ment, near enough for the doctor to overhear them. The object 
seemed to be to consummate the destruction of the wooden horse, 
which they had commenced the night before. He heard some man 
say, in these words, or words to this effect: "We can go on now, I 
have fixed things with the guard;" meaning, as he understood, the 
personal guard of Colonel Paine, and u they say, they would a 
damned sight rather shoot him than any of us;" they then passed 
on, and not long after he heard the report of the pistol discharged 
by Colonel Paine. 

Question by the court. As a soldier, of experience, and one sup- 
posed to know how such occurrences have been and are regarded 
in the army, how would you view a request on the part of the of- 
ficers of your regiment, for you to surrender your commission as 
commander of your regiment; would you, or not, consider it muti- 
nous, or abetting mutiny, particularly when a mutiny, riot or vio- 
lent resistance of authority had occurred immediately previous? 

Answer. I would have received it as mutinous proceeding, and 
have arrested every officer who joined in such a request. 

Here Colonel Paine was called, at the request of Lieutenant 

Singletery. 

■ 

Question by Lieutenant Singletery. Do you think that Lieutenant 
Singletery has ever encouraged or allowed any familiarity between 
himself and the privates under his command'? 

Answer. I do think he has done so. I cannot say that he has 
done so directly, but rather through the non-commissioned officers 
of his company. 

Question by the court. Has he indulged in any sociable inter- 
course with the non-commissioned officers of his company? 

Answer. He has. This has been the fault with all the officers of 
my regiment. I attribute the ill feeling, on the part of my officers 
towards me, more to my efforts to destroy this familiar intercourse 
than to any other cause, as I have frequently spoken to officers 
sternly and severely on this point. I have ordered privates and 



97 [ 62 ] 

non-commissioned officers from the tents of officers, whom I found 
there smoking, with their caps on, &c. This was more generally 
the case previous to August 15th, than subsequently. 

Question by Lieutenant Singletery. Did you ever have occasion 
to speak to me on that subject? 

Answer. Not with regard to intercourse with the men, but I 
have had such occasion in reference to the familiarity between him- 
self and his non-commissioned officers; these occasions have ex- 
isted, though I do not remember having actually spoken to him. 
Some of the companies have been absolutely incorrigible in this 
repect; Lieutenant Pender's, for one. This was one of my reasons 
for not permitting an election in his company. 

Question by the court. Did any, and if so, how many, officers 
of your regiment came forward and offered their services, or mani- 
fested ^ desire to put down the riot or disturbance in the camp of 
the North Carolina regiment, on the night of the 15th of August? 

Answer. Of those for duty, there were but three who reported to 
me, viz: Lieutenants White* and Singleton, and Keith, the latter of 
whom called my attention to the unusual crowd. 

Question by Lieutenant Singletery. Upon reflection, can you 
state that you ever observed any familiarity between myself and. 
any non-commissioned officer of my company, except the present 
adjutant, Mr. Whittaker'? 

Answer. I do not know particularly that there was any extraor- 
dinary intimacy between him and any other noncommissioned of- 
ficers. - 

Here Colonel Hamtramck was again called by the court. 

Question by the court. Have you witnessed any, or much, famili- 
arity between the officers and the non-commissioned officers and 
privates of the North Carolina regiment. 

Answer. I have had very little personal acquaintance with the 
company officers of the North Carolina regiment. On passing 
through the street, in front of the officers' tents, leading from my 
regiment to Colonel Paine's tent, I have frequently seen men, 
whether non-commissioned officers or privates, I don't know, in the 
tents of officers, apparently on such terms as I disallowed in my 
regiment, and, with few exceptions, very rarely exhibited in my 
regiment. 

Here Lieutenant Singletery requested to be permitted to make a 
statement, i i in regard to a passage in the letter to General Tay- 
lor, marked E," which passage is in these words: ¥ attempting se- 
cretly to destroy the authority over their men." I now believe that 
charge to be unjust, as I believe every officer does who signed that 
paper. 

Captain N. S. Duggan, North Carolina regiment, called at the 
request of Colonel Paine, was duly sworn. 

Question by Colonel Paine, Did you drill with the North Caro- 
lina' regiment at Buena Vista, and until what timel 
Answer. I did, until about the first of August. 
Question by Colonel Paine. Do you consider the conduct of Col- 



£62] 



98 



onel Paine, towards the regiment on drill, disrespectful to the 
officers of the North Carolina regiment] 

Answer. 1 do not. 

Question by Colonel Paine. Do you consider that Colonel 
Paine's official course or conduct has been overbearing or tyran- 
nical towards the soldiers of the North Carolina regiment? 

Answer. No; I never tnew Colonel Paine abuse a soldier who 
performed his duty. 

Question by Colonel Paine. Is it, "or not, your opinion that 
Colonel Paine has not had proper support from his officers, in 
the disciplining and instruction of his regiment? 

Answer. In some respects, I think he has not. 

Question by Colonel Paine. Have you reason to suppose Colonel 
Paine has been actuated in his command by any other motive than 
one pertaining to the discipline and instruction of his regiment? 

Answer. I never supposed him to have been actuated by any 
other motive than the good of the regiment. 

Question by Colonel Paine. Have you ever known or heard that 
Colonel Paine was negligent of his duty as an officer? 

Answer. No; to the contrary, very diligent. 

Question by Colonel Paine. Do you think that Colonel Paine 
has, or has not, exhibited a due regard for the safety and wel- 
fare of the troops under his command? 

Answer. I think he has. 

Question by Colonel Paine. Will you state if you, at any time, 
called on Colonel Paine to send officers into Saltillo, to wait on 
Captain Pender, who was sick, and the reason for such a request? 

Answer. I suggested to Colonel Paine the propriety of sending 
some officers to Saltillo, to sit up with Captain Pender; this was 
about the 20th of August, I think. Captain Pender was very ill, 
and I did not think he had proper attention. I was myself sick at 
the same house, at the time, and frequently in his room. I admin- 
istered medicine to him often. Lieutenant Pender was staying 
there at the time; he was absent much of the time, and I did not 
consider him a good nurse. I did not think his absence was owing 
to want of feeling. 

Question by Colonel Paine. Will you state if Lieutenant Pender 
left his cousin, Captain Pender, during his last illness; and if he 
was not entreated by yourself and others to remain with Captain 
Pender? 

Answer. Lieutenant Pender left his cousin a short time before 
his death, and I did insist upon his staying. I think I told him I 
thought he would either get better, or die very soon; and if he died 
here, he could then take his remains home. 

Question by Colonel Paine. Did Lieutenant Pender give any rea- 
son for leaving Captain Pender; and, if so, what reason did he 



give? 



Answer. He gave the following reason: that he wished to get on 
to Washington city, for the purpose of having an interview 
with the President, in regard to his being dishonorably discharged 
the service. 



99 [ 62 ] 

Question by Colonel Paine. Where were you on the nights of the 
14th and 15th of August last, at the time of the disturbances in the 
camp of the North Carolina volunteers'? 

Answer. I was in Saltillo, on sick leave. 

Question by Colonel Paine. Do you, or not, disapprove the 
course of the officers of the North Carolina regiment, in signing 
the paper, calling on Colonel Paine to leave the command of the 
regiment? ^ 

Answer. I certainly do disapprove of it. 

Question by Lieutenant Singletery. How long were you on duty 
with the regiment at Buena Vista? 

Answer. Directly after we arrived at Buena Vista, I was detailed 
on a court martial. In consequence of some officers, who were also 
detailed, not going on parade, as I believe, General Wool issued an 
order that all officers detailed on courts martial should not be ex- 
empt from duty with the regiment, except while in attendance at the 
court; consequently, I was at battalion drill every evening, until 
the hour was changed from evening to morning. After the adjourn- 
ment of the court, I do not think I did duty with the regiment while 
at Buena Vista. I was probably on duty with the regiment not to 
exceed four weeks, at Buena Vista. 

Question by Lieutenant Singletery. Do you, or not, think that 
Colonel Paine has generally had proper support from the officers of 
his regiment? 

Answer. Generally, I thought not. 

Question by Lieutenant Pender. Do you not know that I made 
the same request that officers might come in and sit up with Captain 
Pender? 

Answer. I know that he requested other officers to sit up with 
him. 

Question by Lieutenant Pender. Did I not tell you that I was 
permitted to remain until a change was manifested; and was not 
Captain Pender's situation improved, or was thought to be, by the 
physicians attending? 

Answer. Yes, you told me you had such permission. I never 
thought that Captain Pender was better when he left; I cannot say 
that the physicians thought him improving. 

Question by Lieutenant Pender. Did I not also state that recon- 
sidered it my duty to leave, in accordance with that order; and that, 
besides, I was anxious to go to Washington, and have the matter, 
wherein I* was illegally and innocently condemned, investigated? 

Answer. I do not recollect Lieutenant Pender having said it was 
his duty to leave; I know he was not compelled to leave, by the 
order referred to. He did say he was anxious to go to Washing- 
ton, to have the investigation. 

Question by Lieutenant Pender. Did I not further state that, a^ 
train being about to leave, I considered I had better go then, as 1 
might be ordered off in a day or two, when no safe opportunity 
would be afforded me? 

Answer. I do not recollect his having made such a statement to 
me. 



[62] 



100 



Question by Lieutenant Pender. Did I not procure the attend- 
ance of other physicians to consult with the surgeons of our regi- 
ment? 

Answer. He did speak to Doctor McCrae on the subject; other 
physicians were in attendance, through the instrumentality, I sup- 
pose, of Lieutenant Pender. 

Question by Lieut. Pender. Did I not exact of you a promise, 
that he (Captain Pender) should not be neglected; and did you not 
promise that Captain Pender should receive every attention, before 
I left? 

Answer. Yes. 

Question by Lieutenant Pender. Was it not immediately after 
my arrest and restoration, while sitting on court martial, that the 
order was read out, that no person should be excused from drill, 
on account of their sitting on court martial? 

Answer. Yes, it was. 

Question by Colonel Paine. Have you considered the course, 
or conduct, of Colonel Paine at any time disrespectful to the offi- 
cers of the North Carolina regiment? $, 

Answer. No. 

The court adjourned, to meet at 10 o'clock, a. m., on Monday, 
28th February, 1848. 



TWENTY-NINTH DAY. 

Saltillo, Mexico, 
Monday, February 28, 1848. 

The court met pursuant to adjournment. 
Present: All the members. 

In consequence of the illness of the judge advocate, Major Cass, 
with the acquiescence of the parties before the court, recorded the 
proceedings. 

Captain Kenton Harper, Virginia volunteers, one of the witnesses 
named by General Wool, was called by the court, and duly 
sworn. 

Question by the Court. Have you any reason to believe that there 
was any ' collusion, or understanding, between individuals of the 
North Carolina and Virginia regiments, in reference to the pro- 
ceedings of the nights of the 14th and 15th of August. 

Answer. Being in town, I had no opportunity of knowing, per- 
sonally, whether such was the case. In my intercourse with offi- 
cers, I found there was a good deal of excitement among some of 
the younger officers of the Virginia regiment. My personal inter- 
course with the officers of the North Carolina regiment was very 
limited. I have no reason to believe there was any collusion be- 
tween the two regiments. 

Question by the court. What is your opinion of the proceed- 



101 [ 62 ] 

ings of the night of the 15th of August, at the camp of the North 
Carolina volunteers — that there was a mutiny, or not? 

Answer. I consider the proceedings to have been mutinous, and 
those officers, I believe, whose feelings were no way involved in 
the affair, entertained the same opinion. 

Question by Lieutenant Singletery. Among the men of what re- 
giment was it generally considered that this mutinous feelingexisted? 

Answer. I am unable to say in what regiment this feeling mani- 
fested itself most strongly. I understood the excitement was gen- 
eral, and participated in by men from the North Carolina, Virginia, 
and Mississippi regiments. 

Question by the court. What is your opinion of Colonel Paine, 
as an officer'? 

Answer. My opinion is, that he is among the very best I have 
ever known; attentive and vigilant. This reply is based upon the 
condition in which I have found his command, in the exercise of 
my duties as acting inspector general. 

Question by the court. Have you observed much undue familiar- 
ity between the officers and non-commissioned officers, or privates, 
of the North Carolina regiment? 

Answer. My opportunities for judging on this point have not 
been very good. With one single exception, no improper famil- 
iarity has come under my observation; in that case, the officer, I 
understand, was under arrest. 

Lieutenant Colonel John A. Wilcox, Mississippi regiment of 
volunteers, one of the witnesses named, by General Wool, was 
here called by the court, in consequence of being about to leave 
Saltillo, and duly sworn. 

Question by Lieutenant Singletery. Do you, or not, consider that 
the disturbances which occurred in the North Carolina camp, at Buena 
Vista, in August last, were brought on by the tyrrannical and over- 
bearing conduct of Colonel Paine? 

Answer. If I should reply from observation, I could not say it 
was brought on by any tyrannical conduct of Colonel Paine; but 
from hearsay, it was in consequence of tyrannies exercised by 
him, none of which came under my observation. 

Question by the court. What is your opinion of the proceedings, 
on the nights of the 14th and 15th of August, in the North Caro- 
lina camp; was there a mutiny, or not? 

Answer. On the night when I heard the report of the pistol, I 
was sitting in Captain Robinson's tent, of the Virginia regiment, 
conversing upon the subject of the Mississippians, North Caroli- 
nians, and Virginians having assembled near Colonel Paine's tent 
on the night of the 14th, with the view of tearing down a wooden 
horse, which had been erected for the punishment of the disor- 
derly. I observed to Captain Robinson, that I regretted to hear 
that any Mississippians were present. At that moment, a pistol 
was fired in the North Carolina regiment. Captain Robinson ob- 
served that Colonel Paine had shot someone, and he did not won- 
der at it. I remarked, Iwould go there with all speed, and if I 



[6»] 



102 



found a Mississippian there, I would send him to the guard-tent. 
Upon arriving, I found none. I passed rapidly through a large 
crowd, which had assembled, for the express purpose of ascertain- 
ing if any of my men were there, which crowd I found in quite a 
clamorous condition, and was composed of Virginians and North 
Carolinians. I was informed that none of my men had been there, 
but had dispersed previous to the report of the pistol. The crowd 
was in the North Carolina camp, some forty yards, I should think, 
from Colonel Paine's tent. I heard mutinous expressions in the 
crowd, which was very dense. I presume there were 150 or 200 
persons in the crowd, as nearly as I could judge. 

Question by Lieutenant Singletery. Did, or did not, many of the 
reports concerning the tyrannies of Colonel Paine, come to 
you in such a way as left no room for you to doubt their truth] 

Answer. I was informed by officers of the three regiments, that 
they considered the conduct of Colonel Paine as tyrrannical. 

Question by Lieutenant Singletery. What was the character of 
the North Carolina regiment at Buena Vista, for good order and 
discipline? 

Answer. I consider that there was better order and discipline in 
the North Carolina regiment than in either of the other two regi- 
ments. I never knew a more orderly set of men than the North 
Carolina regiment. 

Question by Lieutenant Singletery. Have you, or not", frequently 
heard it remarked as strange, that the North Carolinians should 
submit so quietly to the tyranny of Colonel Paine? 

Answer. I have heard that remark made by soldiers of the other 
regiments, and I have heard it made by one or two officers of my 
own regiment. 

Question by Lieutenant Singletery. What is your opinion of 
Colonel Paine as an officer— that he is tyrannical and overbear- 
ing, or that he carries his severity only so ^far as his duty re- 
quires'? 

Answer. From observation, I should think Colonel Paine one 
of the most prompt, energetic, and thorough officers in the three 
regiments. I believe several of the colonel's acts amounted to a 
species of tyranny; but, at the same time, I believe they were 
prompted by the good of the service. I know of but one act com- 
mitted by the colonel which I disapproved of; I think he should have 
called out one or more companies, instead of. endeavoring himself 
to suppress the difficulty. 

Question by Colonel Paine. Do you, or not, know that Colonel 
Paine had a quarter guard stationed at his tent, on the night of 
the 15th of Augu&t last? 

Answer. I do not. 

Question by Colonel Paine. Do you, or not, know that* Colonel 
Paine ordered an officer of his (the North Carolina) regiment to 
bring up a force from the officer's company, to expel from the 
North Carolina camp the crowd into which the pistol was fired, on 
the night of the 15th of August last? 



103 [ 62 ] 

Answer. I do not know this from my own knowledge; I heard 
such was the case on arriving at the crowd. 

Question by Lieutenant Singletery . Do you, or not, think, that 
if Colonel Paine had anticipated these difficulties, he should have 
informed his company officers of them? 

Answer. In my own case, under similar circumstances, I should 
have detailed a force sufficient for the emergency. 

Question by the court. Do you, or not, consider that Colonel Paine 
was properly supported by his officers, on the nights of the 14th 
and 15th of August? 

Answer. I do not know whether he was or was not supported. 

Question by the court. Do you, or not, think there was a mutiny 
in the North Carolina camp on the evening of the 15th of August 
last ? , , 

Answer. I think there was. 

Question by Lieutenant Singletery. If all the company officers 
turned out at the call, and remained at their posts as long as they 
were required to do so, would you, or not, consider this a proper 
support of the colonel? 

Answer, I should consider that a proper support — provided they 
were not ordered elsewhere? 

Captain P. M. Henry, of the North Carolina regiment, being 
called by the court, at the request of Colonel Paine, was duly 
sworn: 

Question by Colonel Paine. Will you state if you were with the 
North Carolina regiment, under Colonel Paine, and for how Jong a 
time, before you were detached with your company? 

Answer. I was with the regiment at its first organization, at 
Smithsville, in North Carolina; I sailed with Colonel Paine, and 
two companies, for the Brassos, where we arrived the 22d of March* 
I marched with Colonel Paine and four companies from that place 
to Camargo; we were there subsequently joined by the remainder 
of the regiment; I think on the 7th of May E was detached from the 
regiment with my company, and have remained so ever since. 

Question by Colonel Paine. Will you say if, while you were 
with the command under Colonel Paine, you have known or con- 
sidered him in his course or conduct as disrespectful to officers of 
the North Carolina regiment? 

Answer. Not at all disrespectful — on the contrary, respectful and 
courteous. 

Question by Colonel Paine. Will you state if you have, at any 
time, considered the course or conduct of Colonel Paine as tyran- 
nicalor overbearing towards the soldiers of his regiment? 

Answer. I have not. 

Question by Colonel Paine. Will you state if you have ever 
known or heard of Colonel Paine having neglected his duty as an 
officer? 

Answer. I have neither known him do so, nor have I ever heard 
that he did so. 

Question by Colonel Paine. Will you state if you have ever 



[ 62 ] 104 

known Colonel Paine neglectful or careless of the safety and wel- 
fare of the troops under his command'? 

Answer. I have never known him to be neglectful of the safety; 
but, on the contrary, have ever deemed him to be remarkably vigi- 
lant and careful of it. 

Question by Colonel Paine. Will you state if you consider Colo- 
nel Paine, on the march from the Brassos to Catnargo, imposed any 
unnecessary hardship on any of the troops under his command? 

Answer. I would state, that, at the outset of our march from the 
Brassos, I deemed the bearing of the knapsacks by the men, at that 
season of the year, in a tropical climate, too great a burden; but I 
add, that, so soon as Colonel Paine discovered the same thing, he 
at once very readily ordered the men to be released of their knap- 
sacks, and the means of transportation at hand, by wagons, to be 
used — therefore, on the second or third day's march, I believe the 
greater portion of the men were thus, by his permission, relieved 
of their knapsacks. In all of this, I consider that there was not, 
by any me&ns, any tyrannical or oppressive conduct. 

Question by Colonel Paine. How many men under the command 
of Colonel Paine do you think performed the whole march on foot, 
from the Brassos to Camargo. 

Answer. A considerable number were taken sick, and hauled 
along in the wagons — the rest performed the march on foot. 

Question by Colonel Paine. When and where did you lose the 
first man from your company, (G,) after our arrival in Mexico? 

Answer. At Camargo; about the middle of May, I think. 

Question by Colonel Paine. At what time did the command under 
Colonel Paine reach Camargo? 

Answer. About the first of April, as well as I remember. 

Question by Colonel Paine. Where did those men of your com- 
pany die, who have died since coming to. Mexico, and within what 
time have the deaths occurred? 

Answer. Mostly in Saltillo — and during the months of July, Au- 
gust, and September. 

Question by Colonel Paine. What is your opinion, from what 
you have heard of the disturbances in the camp of the North Caro- 
lina volunteers, on the night of the 15th of August last; was there 
a mutiny or not? 

Answer. From what I have heard, I consider there was a down- 
right mutiny. 

Question by Colonel Paine. Have you heard of the paper signed 
by officers of the North Carolina regiment on the 16th of August 
last, calling on Colonel Paine to leave the command of the regi- 
ment, and will you state if you approve or disapprove that act? 

Answer. I have heard of it, and entirely disapprove of it. 

Question by Col. Paine. Will you state if you heard any conver- 
sation among officers of the North Carolina regiment, shortly after 
the occurrences on the night of the 15th of August last, in relation 
to the disturbances on that night, and what that conversation was? 

Answer. I heard some conversation a day or two after the occur- 
rences in the North Carolina camp, in regard to Colonel Paine's 



105 [ 62 ] 

conduct, the greater portion of which conversation I do not re- 
member; but distinctly remember that it was declared by one of 
the officers, in presence of other officers, that after Colonel Paine 
should return to.JJorth Carolina, even his whiggery in that S^ate 
could not or should not save him. This officer was Lieutenant 
David S. Johnson. 

Question by Colonel Paine. Will you state if you have ever 
known Colonel Paine, at any time since he took command of the 
North Carolina regiment, permit or suffer to pass unpunished any 
act of insubordination in any one under his command'? 

Answer. I have not. 

Question by Colonel Paine. Will you say if Colonel Paine has, 
or has not, required of the officers and men of his command, a faith- 
ful discharge of their several duties'? 

Answer. He has. 

Question by Colonel Paine. Will you say if Colonel Paine has, 
or has not, required of any one under his command, any other 
than the duties pertaining to the rank and station of the person? 

Answer. He never has, so far as my knowledge extends, nor 
have I ever heard of his having done so. 

Question by Lieutenant Singletery. Did I not leave with you for 
Monterey on the 7th of May, and had you ever, up to that time, 
heard any complaint from me against Colonel Paine? 

Answer. You did leave with me at that time, and. you never had, 
up to that time, expressed any complaints, in my hearing against 
Colonel Paine. 

Question by Colonel Paine. When did you first hear Lieutenant 
Singletery complain of Colonel Paine? 

Answer. I do not remember ever to* have heard him allege any 
complaints against Colonel Paine, prior to the unfortunate distur- 
bances, of the 14th and 15th of August; during the whole time I 
was detached from the regiment; and he in a short time left me. 

Question by Colonel Paine. Did you hear officers of the North 
Carolina regiment complain of Colonel Paine, prior to the 14th or 
15th of August last? 

Answer. Yes", I have heard many complaints of his discipline; 
but I thought that discipline highly necessary for the service, and 
causing a too great restraint over them; it was the origin of these 
complaints. 

Question by Colonel Paine. Have you ever known troops under 
my command to commit any depredations upon the rights, or pro- 
perty of any one? 

Answer. I never have when you were present. 

Question by Lieutenant Singletery. From what source did you 
learn the character of Colonel Paine's discipline? 

Answer. From the manner in which he has always exacted the 
performance of our duties, on the part of myself, my officers and 
men. 

Question by Lieutenant Singletery. Did you have an opportunity 
of observing Colonel Paine's discipline and conduct to the officers 

8 



[62] 



106 



at Buena Vista, and what induced you to believe that he was not too 
severe? 

Answer. I had sufficient opportunity for judging by my visits to 
th£ camp, and frequent inquiries of some of ajlfe officers in regard 
to Colonel Paine's discipline. 

Question by Lieutenant Singletery. Did you ever attend battalion 
drill at Buena Vista, and how often'? 

Answer. I never did under the command of Colonel Paine. 

Question by Colonel Paine. Did you hear the discipline of Colo- 
nel Paine at Buena Vista generally spoken of by officers in the 
regular service; and what was their opinion of it? 

Answer. I heard it generally spoken of by them. It was gen- 
erally asserted by them, w T ithin my hearing, that the discipline and 
general police of the North Carolina camp, at Buena Vista, re- 
sembled the discipline and police of a regiment of regulars more 
than any other regiment of volunteers they had ever seen in the 
service; and I heard it asserted by many of them that Colonel Paine 
was very competent to command a regiment of regulars. 

Question by the court. Have you been so much detached from 
the command of Colonel Paine as not to have good opportunities of 
judging of his conduct? 

Answer. I have not. 

Question by the court. Do you consider that Colonel Paine was 
properly supported by his officers on the nights of the 14th and 
15th of August? 

Answer. From what I have heard, he was not generally. 

Here Third Sergeant J. B. Asken, of company I, North Carolina 
regiment, was called at the request of Colonel Paine, and duly 
sworn. 

Question by Colonel Paine. Did you hear any threats towards 
Colonel Paine, made by any soldiers of the brigade, while at Buena 
Vista, shortly before the night of the 15th of August last; and if 
so, what were those threats? 

Answer. I heard threats. I heard soldiers of the Virginia regi- 
ment threaten to take Colonel Paine out of his tent; I think this 
was on the day or day before the man was shot; I think those 
threats were made at the spring. I have also heard them make 
threats on guard; that they would get him sometime, were words 
I heard. 

Question by Colonel Paine,. Will you state, if you know, for 
what reason these threats were made against Colonel Paine? 

Answer. I do not know; but I think it was because they com- 
plained he was tight with them on guard. 

Question by Colonel Paine. Did those persons, whom you heard 
at the spring threaten to take Colonel Paine out of his tent, say 
when they would do this? 

Answer. I think they threatened to take him out that night; I 
can't say positively. 

Question by Lieutenant Singletery. Did you or not consider the 
threat you heard made by the Virginians as more idle talk than 
anything else? 



107 [ 62 ] 

Answer. I so regarded them, but they proved differently. 

Question by Lieutenant Singletery. Have you any reason to be- 
lieve there was any collusion between the men of the Virginia and 
North Carolina regiments on the night of the 15th August? 

Answer. I have no reason to believe there was. 

Question by the court. Were there any Virginia or North Caro- 
lina officers, so far as you know, engaged in the disturbances of the 
14th and 15th of August? 

Answer. Not to my knowledge. 

Question by the court. Was there, in your opinion, a mutiny in 
the North Carolina regiment on the nights of the 14th and 15th of 
August 1 ? 

Answer. I think not. 

Question by the court. Did you know at, the time that a letter 
had been written on the 7th of August last, by officers of the North 
Carolina regiment, to General Taylor, making complaints against 
Colonel Paine, and was it known to other non-commissioned officers 
and privates of the North Carolina regiment? 

Answer. I did not know of it at the time. I first heard of it 
about two months ago; I do not known whether it was known to 
the other non-commissioned officers or privates of the regiment. 

Here James D. Gardener, musician of E company, North Caro- 
lina volunteers, was called at the request of Colonel Paine, and. 
duly sworn: 

Question by Colonel Paine. Did jou hear any threats against 
Colonel Paine, made by any person in the brigade at Buena Vista, 
on the night when Bradley was shot in the camp of the North 
Carolina -volunteers? 

Answer. Yes, I heard threats; I heard some of the Virginians 
say they would tear down Colonel Paine's tent, and take him out, 
and treat him as they pleased. I have heard them make threats 
about shooting him if they: should catch him out at night. 

Question by Lieutenant Singletery. Did you report to any officer 
that you had heard the Virginians threaten violence to Colonel 
Paine? 

Answer. I never made any report. 

Here J. B. Whittaker, adjutant of the North Carolina regiment, 
was called at the reqwest of Colonel Paine, and duly swum: 

Question by Colonel Paine. In what capacity were you acting 
in the North Carolina regiment on the 14th and 15th of August 
last? 

Answer. I was first sergeant of H company. 

Question by Colonel Paine. Did you know, and in what manner, 
that a letter was addressed to General Taylor, on the 7th of Au- 
gust 4ast, by any officers of the North Carolina regiment, complain- 
ing of Colonel Paine. 

Answer. I was in the tent of Lieutenant Singletery about that 
time. I heard him read over a letter prepared for General Taylor. 
He directed me to order Corporal Peoples, of the same company, to 
go to his (Lieutenant Singletery's) tent, and to copy the letter; I 



[62] 



108 



went with Peoples, and was present when he copied and directed 
the letter to Major Bliss. 

Question by Colonel Paine. Did you, while you were first ser- 
geant of H company. North Carolina volunteers, hear any officer, 
or officers, speak violently of Colonel Paine; and if so, will you 
state the language used, and when and where it was used? 

Answer. I have heard Lieutenant Singletery use a great many 
oaths, while speaking of Colonel Paine; I cannot recollect the ex- 
act language. The occasions were while we were in camp at 
Buena Vista, and in Lieutenant Singletery's tent. The oaths were 
very abusive of Colonel Paine. 

Question, by Colonel Paine. Will you state what feelings you 
entertained towards Colonel Paine while you were first sergeant of* 
H company? 

Answer. I entertained most bitter feelings towards him at that 
time. 

Question by Colonel Paine. Will you state what those bitter 
feelings arose from? 

Answer. I was induced to believe Colonel Paine was very tyran- 
nical, from the many conversations I had with Lieutenant Single- 
tery about Colonel Paine. 

Question by Colonel Paine. Will you look back to the time 
when the regiment was stationed at Buena Vista, and say, if con- 
sidering all you saw there in the conduct of Colonel Paine, you 
consider that he was tyrannical in his conduct? I desire the wit- 
ness would answer this question from his experience in command, 
since he has been a commissioned officer of the North Carolina 
regiment? 

Answer. I do not consider his conduct to have been tyrannical. 

Question by Colonel Paine. Do you, or do you not, know whether 
Colonel Paine, while at Buena Vista, ever required of any one un- 
der his command more than the performance of their ordinary duties? 

Answer. I do not know of his ever having done so. 

Question by Colonel Paine. Did you ever know Colonel Paine 
to punish any one under his command, or to have any one punished, 
except for some breach of order or discipline? 

Answer. No. 

Question by Colonel Paine. Will you state whether the personal 
interference and attention of Colonel Paine was, or was not, some- 
times necessary to insure the proper attention of the soldiers of H 
company, North Carolina volunteers, to their duties while at Buena 
Vista? 

A-nswer. Colonel Paine has on several occasions found the com- 
pany in their tents after reveille. They did not come out till or- 
dered out by him. 

Question by Colonel Paine. Will you state if you heard Lieuten- 
ant Singletery, when he was once in arrest at Buena Vista, say 
anything about obtaining a trial by court martial; and if so, what 
did he say about it? 

Answer. I heard him say that he would' not resume his sword 
until he had had a trial. He had a defence partly written out, 
which he said was for the court. 



109 [ 62 ] 

Question by Colonel Paine. Did you read that defence or hear it 
read, and was it-respectful to Colonel Paine or not? 

Answer. I heard it read by Lieutenant Singletery. I think it 
was very disrespectful. 

Question by Colonel Paine. Did you hear that any disturbances 
were to take place on the night of the 15th of August last in the 
camp of the North Carolina volunteers, and when did you hear if? 

Answer. I heard from all the men of the company that the re- 
mains of the wooden horse would be carried off on the night of 
the 15th of August. I heard this during the day of the 15th. 

Question by Colonel Paine. Have you any reason to suppose 
that Lieutenant Singletery knew that any attempt to disturb the 
quiet or order in the camp of the North Carolina volunteers would 
be made on the night of the 15th of August last] 

Answer. I first learned from him (Lieutenant Singletery) that a 
party were lying off, in the rear of the colonel's tent, awaiting an 
opportunity to seize the horse; and I was asked by him if there 
were not men of H company that would join them, or could be en- 
trusted with this business. This was about 8 o'clock in the evening 
of the 15th of August. 

Question by Colonel Paine. Had Lieutenant Singletery been ab- 
sent from his company quarters between retreat and 8 o'clock on 
the night of the 15th of August? 

Answer. He had been absent. I met him coming from the di- 
rection of the centre or right wing of the camp, and it was then I 
had the conversation mentioned in the preceding answer. 

Question by Colonel Paine. Were you present w T ith Lieutenant 
Singletery at the foot of the street of K company, North Carolina 
volunteers, when Colonel Paine was suppressing the insubordina- 
tion in that company on the night of the 15th of August last, and 
will you state what occurred? 

Answer. I was present with Lieutenant Singletery at the foot 
of K company street at the time mentioned. It was very dark. I 
could not discover what was going on except from what I heard. 
K company had refused to take arms, after having been ordered 
to take them by Colonel Paine himself. Two or three of them did 
not take arms at all, and were sent by Colonel Paine to the provost 
guard; while the men were going to the provost guard, one of them 
passed into his tent, which drew Colonel Paine to that place. 
Lieutenant Singletery and myself fled. I went to my company, and 
I think Lieutenant Singletery turned off to some other company. 

Question by Colonel Paine. When did you next see Lieutenant 
Singletery after you fled from the foot ox the street of K company on 
the night of the 15th of August? 

Answer. It was perhaps an hour afterwards that I saw him 
coming from the direction of the right wing or the centre, and 
met him. 

Question by Colonel Paine. Do you know anything of an order 
having been given to Lieutenant Singletery to bring any man to 
the tent of Colonel Paine on the night of the 15th of August; and 
if so, will you st;te how you knew it, and what you know about it? 



[62] 



110 



Answer. When I met him as mentioned in my last answer, he told 
me that Colonel Paine wanted me to carry him twenty or twenty- 
five men as a guard. I told him he knew the men would not go, 
and he ought to do it himself. He said he had been ordered to 
carry the men himself, and then turned off and walked in the di- 
rection of his tent, remarking at the same time that I might carry 
them if I chose. I went to the company tents for the purpose of 
making this detail. From some of the tents I received for answer, 
"I will not go," and from others no answer at all. 

The court adjourned to meet at 10 o'clock, a. m. 5 to-morrow. 



THIRTIETH DAY. 

Saltillo, Mexico, 
Tuesday, February 29, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers. 

* v 

Examination of Lieutenant Whittaker resumed. 

Question by Colonel Paine. Did you hear the fire of the pistol 
in the North Carolina camp on the night of the 15th of August last; 
and if so, was it before or after you received the order to call out 
the men from your company, H? 

Answer. I heard the report of the pistol, and it was after I re- 
ceived the order. 

Question by Colonel Paine. Was there, or not, a sufficient time 
between receiving the order to call out the men and the report of 
the pistol to have enabled you to bring the twenty men to Colonel 
Paine's tent, if the men would have turned out? 

Answer. I think there was; there was five or ten minutes. 

Question by Colonel Paine. Did you hear the order given, after 
the pistol was fired in camp, to turn out the companies of the regi- 
ment under arms; and will you state if there was any reluctance in 
the men of H company to turn out, and who gave the order to -that 
company to turn out? 

Answer. I heard no order given for them to turn out, but>I ran, 
as soon as I heard the discharge of the pistol, through the company 
street, atthesame time saying in a loud voice, you must turn out, 
I believe we are having an attack. This was the only order given 
to them to my knowledge to turn out, and they turned out then 
very promptly. 

Question by Colonel Paine. Will you state if any order was 
given for a non-commissioned officer from H company to report 
at Colonel Paine's tent on the nipht of the 15th of August last, 
after the pistol was fired in camp, and whether, if so, the order was 
obeyed? 

Answer. I received an order from Colonel Paine, through the 
sergeant-major, I think, to carry a non-commissioned officer to the 
colonePs quarters; I called on the noncommissioned officers of the 



Ill [62] 

company, and all feigned sickness; consequently the order was not 
obeyed. 

Question by Colonel Paine. Will you state whether or hot there 
were an unusual number of non-commissioned officers and soldiers 
of H company North Carolina, volunteers, absent from battalion drill 
immediately after reveille, on the morning of the 16ih of August 
last, and if a special report of the reason of their absence was or 
was not called fori 

Answer. There was an unusual number of non-commissioned of- 
ficers absent on the occasion referred to, and a report was called 
for by Colonel Payne to account for their absence. 

Question by Colonel Payne. Will you state if the special report 
you spoke of in your answer to the last question was made, what 
that report was? 

Answer. I made a report as directed by Lieutenant Singletery, 
with remarks opposite to each absentee's name, and presented it to 
Lieutenant Singletery for his signature. He signed the report and 
I delivered it to Colonel Paine. 

Question by Colonel Paine. Will you state if to your knowledge 
there was any general disaffection among the soldiers of the North 
Carolina regiment towards Colonel Paine while camped at Buena 
Vista, and how long that disaffection had existed? 

Answer. There was no serious dissatisfaction existing among the 
men of the regiment towards Colonel Paine, to my knowledge, until 
after the evening of the 14th of August last. 

Question by Colonel Paine. Will you say how long you have 
reason to suppose that Colonel Paine has been aware of your know- 
ing anything of the occurrences in the camp of the North Caro- 
lina volunteers on the night of the 15th of August last? 

Answer. Not more than two or three weeks, 1 think. 

Question by Colonel Paine. Did you or not know anything of a 
paper signed by officers of the North Carolina regiment on the morn- 
ing of the 16th of August last, and if so, will you state what you 
know about it? 

Answer. I knew there was a paper requesting the colonel to re- 
sign in existence; I saw it. 

There was a difference of opinion among officers as to the pro- 
priety «of inserting the word u forthwith." I heard the paper read. 
The paper was then^in the hands of Lieutenant Singletery. It was 
in his tent that I heard it. I know nothing further about it. 

Question by Lieutenant Singletery. Can you state that Lieuten- 
ant Singletery ever allowed any familiarity between himself and 
any non-commissioned officer of the corcfpany (H) except yourself? 

Answer. I have frequently seen non-commissioned officers in his 
tent and also privates. There was no familiarity; on the contrary, 
I was often ordered by Lieutenant Singlet* ry to keep them out. 

Question by Lieutenant Singletery. How did the drill and dis- 
cipline of company H compare with that of other companies in the 
regiment, and what was my character as a disciplinarian? 

Answer. The company appeared as well as any other in regard 



[62] 



112 



to drill and discipline, and Lieutenant Singletery was looked upoa 
"by the company as very rigid in his discipline. 

Question by Lieutenant Singletery. Was it not daily expected 
at the time you saw the letter to General Taylor that an election 
would be ordered for a lieutenant in company H, and was it not 
certain that you would be elected'? 

Answer. Such. was the expectation. I considered my election 
as certain. 

Question by Lieutenant Singletery. Did you or do you not be- 
lieve that I had any previous knowledge of the intention of any 
one to do personal violence to Colonel Paine on the night of the 
15th of August last? 

Answer. I did not believe so at that time; I do not think so 
now. 

Question by Lieutenant Singletery. Did you not have abundant 
opportunities of seeing and judging of Colonel Paine's conduct at 
Buena Vista? 

Answer. I did. 

Question by Lieutenant Singletery. Was there any other con- 
versation between us concerning the guard the colonel had called 
for, except what you have related? 

Answer. None that I remember. 

Question by Lieutenant Singletery. When I said I would not 
resume my sword without a trial, had or had not Colonel Paine pro- 
mised that I should have a trial if I desired it? 

Answer. Not to my knowledge. 

Question by Lieutenant Singletery. Have you not repeatedly 
said to me that there was not time for you to have properly turned 
out the guard before the firing of the pistol? 

Answer. I have not. 

Question by Lieutenant Singletery. Have you any reason to be- 
lieve that the officers of the North Carolina regiment intended 
requesting Colonel Paine to resign before the 16th of August? 

Answer. I have not. 

Question by Lieutenant Singletery. Were not the relations for- 
merly existing between us those.of warm personal friendship? 

Answer. Yes. 

Question by Colonel Paine. Will you state if you saw Lieutenant 
Singletery on his return to the regiment, and if he did, or did not, 
express surprise at seeing you adjutant of the regiment, and what 
did he say about it? 

Answer. I do not know that he expressed any very great surprise, 
but he said he wis sorry for it, as he relied upon me to assist 
him as an officer of his company. He further said that he feared 
he had given me too gooti a name at home. 

Question by the court. Was Lieutenant Singletery's abuse of 
Colonel Paine, which you have mentioned, prior to the 15th of 
August last? 

Answer. It was. 

Question by the court. Were there any other non-commissioned 



113 • [62 ] 

officers or privates, besides yourself, present at any time, when 
Lieutenant Singletery was speaking abusively of Colonel Paine'? 

Answer. I think there were, though I do not remember who; it 
was an every day's occurrence. 

Question by the court. When you were directed to have the let- 
ter to General Taylor copied by Corporal Peoples, were you and 
the corporal cautioned to keep the matter a secret from the other 
non-commissioned officers and men? was the subject kept a se- 
cret from the other non-commissioned officers and men'? was the 
fact of the letter having been written and sent known to other 
non-commissioned officers and men, before the 14th and 15th of 
August? 

Answer. We were not cautioned to keep it secret. I spoke of 
the subject frequently to other non-commissioned officers and men; 
this was prior to the 14th and 15th of August? 

Question by the court. Were there any non-commissioned offi- 
cers or privates, beside yourself present, when Lieutenant Single- 
tery read the defence, which you have mentioned, that he had pre- 
pared in anticipation of a trial? 

Answer. There were none present. 

Question by the court. Was the paper, which you saw on the 
morning of the 16th of August last, asking Colonel Paine to re- 
sign, seen by other non-commissioned officers or privates, before 
it was sent to Colonel Paine? 

Answer. Not to my knowledge. 

Question by Lieutenant Singletery. Please name the men and 
non-commissioned officers to whom you spoke of the letter to 
General Taylor? 

Answer. I spoke of it to Sergeant Major Black, and to Sergeant 
Champ. I do not recollect any other names, though I spoke of it 
frequently and freely. 

Lieutenant Singletery here requested permission to make the 
following statement to the court: 

In presenting the accompanying papers marked O. P. to the 
court, I desire to state that I never fled from Colonel Paine, and 
that I never informed any one that a body of men had collected in 
the North Carolina camp, for the purpose of seizing and carrying 
off the wooden horse. I was not myself aware that such was the 
case. Some conversation may have occurred between us, from 
which the witness drew such an inference; but I never said to 
any one that such was the case, and if it was, I was entirely igno- 
rant of it. 

Lieutenant Whittaker admitted the hand-writing of the said 
papers to be his. The court permitted the papers marked O. P. 
to be attached to the record. 

Lieutenant Whittaker's examination continued: 

Question by Colonel Paine. Has, or has not, Lieutenant Single- 
tery spoken to you of a letter written by you to him, dated 17th 
of August last, being the letter marked O, if so, what said he in 
relation to the letter? 



[62] 



114 



Answer. He called at my office, about a month ago, and told me 
he had one of my letters. Believing it was a letter for me from 
some friend in the United States, I asked him for it. He said no, 
it was a letter I had written to him, while Iwas sergeant at Buena 
Vista; that Lieutenant Pender had very wisely preserved it; he 
had thought it was lost. 

Laton W. Jones, North Carolina volunteers, quartermaster ser- 
geant, was here called by the court, at the request of Colonel 
Paine, and duly sworn: 

Question by Colonel Paine. Was a paper handed to you by Lieu- 
tenant Pender, on the morning of the 16th of August last, at Buena 
Vista, and did you read that paper, and what were its contents? 

Answer. Lieutenant Pender handed to me a paper, at that time 
and place; I read it. It was a paper calling on Colonel Paine to 
surrender his commission as colonel of the regiment. 

Question by Colonel Paine. What was your station in the North 
Carolina regiment at that time'? 

Answer. I was a private and clerk in the adjutant's office. 

Question by Colonel Paine. What became of the paper handed 
you by Lieutenant Pender, as you have stated, after you read it? 

Answer. I delivered it to Colonel Paine, who was in his tent at 
the time, 

Question by Colonel Paine. Will you state about what time of 
the day the paper referred to was handed to you? 

Answer. I think it was in the morning. 

Here Lewis F. Rane, a private of I company, North Carolina 
volunteers, was called by the court, at the request of Colonel 
Paine, and duly sworn: * 

Question by Colonel Paine. Will you state what you know of 
any threats having been made against Colonel Paine, by any sol- 
diers of the brigade at Buena Vista, previous to the night of the, 
15th of August last? 

Answer. A Virginian came into the North Carolina camp the 
day after the man was shot, and I heard him say that he would 
kill the colonel if he could find him out of the camp, or get satis- 
faction out of him. I was on guard the day the man was shot, and 
a Mississippian, who was on guard with me, said in my hearing 
that he would kill the colonel, provided he had a chance. When 
the wooden horse was up, I heard men of the Mississippi and Vir- 
ginia regiments say that they would either take the wooden horse, 
or the colonel. Three men of the North Carolina volunteers were 
present when this was said. I saw a Mississippian, with a rifle 
under his coat, for two days walk about our camp, saying if he 
could meet a certain man, by whom 1 was certain he meant our 
colonel, he would fix him off. 

Question by Colonel Paine. During the day or night, when you 
were on guard, as you stated, was any thing said about any dis- 
turbance to be created in the camp of Colonel Paine that night? 



115 [ 62 ] 

Answer. The officer of the guard was a Mississippian. He said 
he bet fifty dollars there would be a "stampede," or fuss of some 
kind, in the North Carolina camp that night, before 10 o'clock. I 
do not remember the name of the officer, (of that officer of the 
guard.) Five days after I was on guard, I heard a Mississippian 
boasting that he had snapped a cap at the colonel as he walked 
at the funeral of Captain Shive. He said, if his rifle had gone off, 
he would have blown the old devil's brains out; these were his 
very words. 

Question by Lieutenant Pender. Were the threats made against 
Colonel Paine, on the occasion spoken of in your previous answer, 
made by any soldier of the North Carolina regiment, or were they 
merely present when the threat was made, either to take the 
wooden horse, or take the colonel? 

Answer. They were merely standing there; they said not a word. 

Question by Colonel Paine. Did you hear, or know of any stones 
being thrown against Colonel Paine's tent; state what you know 
about it? • 

Answer. I heard the sound of three or four rocks thrown against 
Colonel Paine's tent; they were thrown by two Virginians, who ran 
past me to their own quarters. 

Question by Lieutenant Singletery. Were you ever apprehended 
for desertion? 

The court would not require the witness to answer this question, 
and he accordingly remained silent. 

At the request of Lieutenant Singletery, the question was suf- 
fered to remain on the record. Lieutenant Singletery was informed 
by the court that he was at liberty to establish the fact of his being 
apprehended for desertion by any other person, and the court, at 
his request, called Colonel Paine. 

Question by Lieutenant Singletery. Was not the man Rane once 
apprehended for desertion? 

Answer. I cannot answer positively. Some men of the regiment 
were acrested for desertion, but whether Rane was one of them or 
not I do not know. 

William Cline, private of company A, North Carolina volun- 
teers, was here called, at the request of Colonel Paine, and duly 
sworn. 

Question by Colonel Paine. Did you know of any crowd of sol- 
diers having collected together on the night of the 15th of August 
last before the pistol was fired in the camp of the North Carolina 
volunteers; and where was this crowd collected; and what did you 
hear said in the crowd? 

Answer. I saw a crowd together, amounting to about a dozen 
men, in the Virginia regiment, on the night of the 15th of August; 
they said they would make him (Colonel Paine) knock under to 
them. Then they went into the North Carolina camp, and passed 
into the street of Company A, in the direction ef the parade ground. 



[62] 



116 



I went into my tent. This was fifteen or twenty minutes before 
the pistol was fired. They cursed Colonel Paine a good deal. 

Question by Colonel Paine. Did you hear anything said in the 
crowd of which you spoke about tearing down Colonel Paine's 
tent? 

Answer. Yes; they said they would tear down Colonel Paine's 
tent, and make him yield to it. 

Question by Lieutenant Singletery. Were there any North Caro- 
linians in the crowd you saw? 

Answer. None that I saw. 

Question by Lieutenant Singletery. Did you consider these re- 
marks the expression of a fixed determination, or as mere idle 
talk? 

Answer. I thought they were joking until the fuss was raised. 

Question by Colonel Paine. Had you heard any threats made 
against Colonel Paine before the night on which you saw the 
crowd? 

Answer. Yes; I have heard lots of threats before. 

Question by Lieutenant Singletery. Did those persons from whom 
you heard the threats say for what reasons they entertained such 
feelings towards Colonel Paine, and to what regiment did they 
belong? 

Answer. They belonged to the Virginia regiment. I never 
knew for what cause they had such feelings towards Colonel 
Paine. 

Question by Lieutenant Singletery. Did you ever understand for 
what reasons the Virginians disliked Colonel Paine? 

Answer. No. 

Charles Benton, a private of company I, North Carolina regi- 
ment, was here called at the -request of Colonel Paine, and duly 
sworn. 

Question by Colonel Paine. Will you state, if you know, of any 
stones having been thrown at Colonel Paine's tent, on the night of 
the 15th of August last, before the pistol was fired in the camp of 
the North Carolina regiment? 

Answer. Yes. Before Colonel Paine went out of his tent, there 
was one stone thrown against it. It feH on it; and, after he left, 
there were some four or five pretty large stones thrown against the 
tent, which would have went into it, but that I had tightened up 
the door. After that, the Virginians began to pass round the tent, 
and said they would go and take the damned old son of a bitch 
out of his tent and murder him. I heard Colonel Paine halloo to 
them to halt. He ordered them to halt three times, and then told 
them, if they did not halt, he would fire on them. They told him 
to fire, God damn him, and the colonel then fired. I saw a Missis- 
sippian with his rifle; he carried it under his coat for two days 
after the 15th. I heard a good many say that he carried it for the 
purpose of shooting Colonel Paine. I do not know the name of 
the Mississippian. 

The court adjourned to meet at 10 o'clock, a. m., to-morrow. 



117 [ 62 ] 

THIRTY-FIRST DAY. 

Saltillo, Mexico, 
Wednesday, March 1, 1848. 

The court met pursuant to adjournment. 

Present: All the members and the judge advocate, recorder. 

Lieutenant and Adjutant T. B. Whittaker appeared before the 
court, and requested that he be permitted to make a statement in 
connexion with the letters marked O and P, which was acceded to 
by the court. 

When I asked the court yesterday for time to make a statement 
in relation to the letter written by me to Lieutenant Singletery, at 
Buena Vista, bearing date 17th of August, 1847, and, while I was 
sergeant, I thought it might become necessary, in justification of 
myself, to make a full and thorough defence. After reflecting, 
however, upon the matter, I have concluded merely to state some 
of the reasons which induced me to write that article, and let it 
pass for what it may be worth. I was aware that this letter would 
be presented to the court, having been previously threatened with 
it by Lieutenant Singletery, but I was not prepared to find the very 
infamous language about Colonel Paine which it contained; still, 
I was not surprised; for, having been very intimately connected 
with, and a great portion of my time being spent in the presence 
of Lieutenant Singletery, and having heard him repeatedly repre- 
sent Colonel Paine as being the most tyrannical and overbearing 
man in existence, I was persuaded that such indeed was the fact. 
I was told by Lieutenant Singletery that the reason Colonel Paine 
did not order an election to fill the vacancy then existing in com- 
pany H, and which it was understood I was to fill was, because 
he (Lieutenant Singletery) had asked for it; and, by so doing, he 
might confer a favor upon him; I was quite anxious to be promo- 
ted; and, after learning this from Lieutenant Singletery, at once 
became enraged against Colonel Paine, and entertained, as I stated 
in my evidence, the most " bitter feeling" towards him; and, for 
that very reason, as is fully shown in the manner in which I signed 
my name to that paper, I soon discovered that I had been misled; 
that I had embraced mistaken notions about these matters, and 
took the earliest opportunity possible to make the amende honora- 
ble. I regret the necessity that has arisen for troubling the court 
with this statement, and will only say, in conclusion, that, when 
the letter in question was written, I was in the most violent pas- 
sion, and penned it in a spirit of revenge towards Colonel Paine, 
for doing that injustice to me which I had been induced by Lieu- 
tenant Singletery to believe he had done me. I wrote it with the 
determination of using the harshest language I could think of, re- 
gardless of justice, knowing it would be pleasing to Lieutenant 
Singletery. However much my testimony to the court and the 
letter may conflict, I have given, in my evidence, a eorrect account 
of all that transpired in the camp at Buena Vista during the mu- 
tiny of the 15th of August last, as far as I know. 



[62] 



118 



Question by Lieutenant Singletery. How soon did you discover 
that you had been misled in your opinion of Colonel Paine? 

Answer. I commenced writing counteracting letters to those I 
had formerly written about six weeks after the date of my letter 
to him. _ 

Question by Lieutenant Singletery. When did } ou receive the 
appointment of adjutant to the North Carolina regiment? 

Answer. The 26th of October last. 

Question by Colonel Paine. Will you state the conversation be- 
tween yoursilf and Colonel Paine, at the time you were appointed 
adjutant of the North Carolina regiment? 

Answer. I was sent for by Colonel Paine, on the 25th of October 
last, and told by him that he had sent for me for the purpose of 
having a talk with me about the adjutancy, f told him I did not 
want the appointment. He said he had not calJed me there for the 
purpose of asking whether I wanted it; but, in making the appoint- 
ment, he would consult the interest of the regiment alone. 

Question by Colonel Paine. Will you state whether I ever spoke 
to you about the occurrence in the camp of the North Carolina 
regiment, on the 15tu of August last, or if you have any reason to 
suppose that I knew anything about those occurrences before you 
were appointed adjutant of the regiment? 

Answer. You never did speak to me about those occurrences, 
and I have no reason to believe that Colonel Paine was informed 
of my knowledge. 

Question by Colonel Paine. Will you state whether you did or 
did not communicate your knowledge of the occurrences of the 15th 
of August last to any other person than Colonel Paine, before the 
latter called on you for information as to such knowledge on your 
part? 

Answer. I do not think I ever did communicate it to any person 
at all. 

Question by Colonel Paine. Will you state who was' present 
when you communicated you knowledge of the occurrences of the 
night of the 15th of August last to Colonel Paine? 

Answer. I don't think any one was present. 

Question by Colonel Paine. Do you remember whether Lieuten- 
ant Bowen was or was not present, at the conversation alluded to 
in the former question? 

Answer. I remember to have had a conversation with Lieutenant 
Bowen, in which I spoke very freely about this matter to him, in 
the office of Colonel Paine. I do not remember that anybody else 
was present. 

Question by Colonel Paine. Have you observed any change in 
the feelings of any of the officers of the North Carolina regiment 
towards Colonel Paine, since the return of Lieutenants Pender and 
Singletery to the regiment? 

Answer. The officers of the regiment spoke very highly of Colonel 
Paine, with but one exception, up to the time of their return; since 
then I have heard these same officers make use of very abusive 
and profane language in speaking of Colonel Paine. . J - 



119 [ 62 ] 

Question by Colonel Paine. Have you known an instance, since 
you have been adjutant of the North Carolina regiment, where an 
officer has been arrested, except for neglect of duty, or disobedience 
of orders'? - 

Answer. I have not. 

Question by Colonel Paine. Will you state whether you did or 
did not receive orders from Colonel Paine to proceed to his camp, 
at Arispa's mills, on business, on Sunday last, and what occurred 
there? 

Answer. I did receive such orders, and proceeded to camp at 
Arispa's mills, with two Mexicans in charge, for the purpose of 
identifying any of the soldiers who had left camp the night before, 
and visited a fandango. I ordered the companies to turn out, and 
passed in front of the companies with these Mexicans, that they 
might point out such men as they knew to have been at the fan- 
dango. Before I left the camp, Lieutenants Nash and Singletery 
were trying to induce the Mexicans to drink. I lold them the 
Mexicans should not drink. Lieutenant Singletery replied that, if 
they wished to, he would be damned if they should not drink. I 
told him the Mexicans were my prisoners, and I would see they 
did not drink. Lieutenant Nash then remarked, that, if he had 
known my business there, his company should not have turned out. 
Lieutenant Singletery said, u nor mine." Lieutenant Nash turned 
round to the men and told his company, D, to consider themselves 
as not having been inspected. 1 then brought the Mexicans di- 
rectly to town.^ 

Question by Lieutenant Singletery. Had you never entertained 
any bitter feelings towards Colonel Paine, before the election 
spoken of was expected in company H? 

Answer. I do not think I ever had. 

Question by Lieutenant Singletery. For what reason "were you 
unwilling to accept the appointment of adjutant? 

Answer. The men whom I brought with me objected to the sepa- 
ration. 

Question by Lieutenant Singletery. Please name the officers of 
the North Carolina regiment in whose feelings you have noticed a 
change, since the return of Lieutenant Pender and myself. 

Answer. Lieutenants Nichols and Nash. 

Question by Lieutenant Pender. Have you any reason to believe 
that anything on my part, since my return to the regiment, has been 
in any manner subversive of strict military order? 

Answer. I have no reason to believe so. 

Here Major Stokes, North Carolina volunteers, was recalled, at 
at the request of Lieutenant Singletery. 

Question by Lieutenant Singletery. Do you or not consider that 
the company officers of the North Carolina regiment did all that was 
in their power in support of Colonel Paine, on the night of the 
15th of August last? 

They all turned out very promptly, and remained with their 
companies until they were dismissed; after that I saw no more of 



[62] 



120 



the officers on that night. So far as my observation extended, I 
believe the company officers did all in their power to support Col- 
onel Paine. I mean after the regiment was turned out under arms 
by Colonel Paine's order. Previous to that, however, I do not 
think they did do all in their power to support Colonel Paine, or 
the intruders into the camp might have been kept out. 

Question by Lieutenant Singletery^ From the position of my 
company, did I have an opportunity of observing the disturbances 
in camp previous to the firing of the pistol? 

Answer. If you were in your company quarters, you would not 
have had an opportunity. 

Question by Lieutenant Singletery. Do you or not consider that 
the company officers of the North Carolina regiment have ever failed 
to give Colonel Paine all the support in their power in the disci- 
pline of the regiment? 

Answer. I have never observed any particular neglect on their 
part. 

Question by Lieutenant Singletery. Did you see me after the 
pistol was fired in the North Carolina camp, on the night of the 
15th of August last, and what was I doing? 

Answer. I saw you immediately after the firing of the pistol in 
your company street forming your company. 

Question by Colonel Paine. Do you consider the disturbances oc- 
curring in the camp of the North Carolina regiment, on the night 
of the 15th of August last, as amounting to a mutiny or not? 

Answer. I do not consider there was a mutiny at that time. I 
had been confined, for several weeks previous, to my bed, and also 
was confined at that time. I had not an opportunity of knowing 
the state of feeling in the regiment. 

Question by Lieutenant Pender. Were you or not in the quarter- 
master's tent on the night of the 15th of August, a short time pre- 
vious to the firing of the pistol, and do you remember if I was 
there at the time? 

Answer. I was there, lying on the bed, I think, of the quarter- 
master, in his tent, when the pistol was fired. I think Lieutenant 
Pender was there; I am not positive. 

Question by Lieutenant Singletery. Have you observed any im- 
proper familiarity between the non-commissioned officers of my 
company and myself; and what has been my course in this res- 
pect? 

Answer. I have not- observed any improper familiarity between 
Lieutenant Singletery and the non-commissioned officers of his 
company. He has been under my immediate command^the greater 
portion of the time the regiment has been in Mexico. His conduct 
has been correct and officer-like in this respect. 

Question by the court. Do you or not think the disturbances 
which occurred in the camp of the North Carolina regiment, the 
night of the 15th of August, were of a mutinous or violent cha- 
racter? 

Answer. I think they were of a mutinous character. 

Question by the court. Are you of opinion -that the company 



121 [62] 

officers of the North Carolina regiment gave to Colonel Paine a 
proper support on the night of the 14th of August, and what was 
your opinion of their conduct on that occasion? 

Answer. I am unable to answer the question. I know nothing 
of the occurrences of that night, being sick in m.y bed at that 
time. 

Question by Lieutenant Singletery. Do you think there was any 
act of a mutinous character among the men of the North Carolina 
regiment on the night of the 15th of August? 

Answer. Not that I know of from my personal observation. 

Question by Lieutenant Pender. Is it or not your opinion that 
there would have been any disturbance in the North Carolina camp, 
on the 14th or 15th of August, had it not been for the other regi- 
ments of the brigade? 

Answer. I think there would not have been any disturbance had 
it not been for men of other regiments in the brigade. 

Here second lieutenant Robert M. Wiley, company F, North 
Carolina regiment, was called, at the request of Lieutenant Single- 
tery, and duly sworn. 

Question by Lieutenant Singletery. Did you hear any conversa- 
tion between the adjutant and myself, on the night of the 14th of 
August last, concerning a guard called for by Colonel Paine, and 
if so, where and what was it? 

Answer. Yes; I did. It was shortly after the discharge of the 
pistol that the adjutant came down the line to order out the com- 
panies. I was in the company street at the time, forming the com- 
pany into line. I asked the adjutant, as he passed, where he 
wanted the company? and thinking he had not heard me, I pursued 
him to ascertain. I overtook him, and found him in company with 
Lieutenant Singletery. During the time I was with him, Lieuten- 
ant Singletery asked him if the Colonel wanted that guard from his 
company? He replied, he supposed not, as the whole regiment 
was turned out, but would ask when he went back. 

Question by Lieutenant Singletery. Were you present, and do 
you think that any unnecessary hardship was imposed on the men 
during the march from the Brassos to Camargo? 

Answer. I was present, and think there was. I thought the men 
were imposed on by having to carry their knapsacks through the 
march. 

Question by Lieutenant Singletery. Were not the men very much 
enfeebled by sea sickness when they commenced the march, and 
was not the heat very oppressive? 

Answer. Yes. 

Question by Lieutenant Singletery. Did not the men throw away 
their blankets and overcoats to lighten their knapsacks, and were 
they not still frequently breaking down on the road? 

Answer. Yes. 

Question by Lieutenant Singletery. Do you or not consider that 
Colonel Paine has been overbearing and tyrannical in his conduct 
towards the officers and men of his regiment? 
9 



[62] 



122 



Answer. I do think that he has been overbearing. 

Question by Colonel Paine. Did you on the march speak to any 
one of the hardships which you say were imposed on the men on 
the march from the Brassos to Camargo? 

Answer. Yes. 

Question by Colonel Paine. To whom did you speak on the sub- 
ject-? 

Answer. I spoke to Captain Buck, the adjutant at that time. 

Question by Colonel Paine. On what part of the march, from the 
Brassos to Camargo, were the mens' overcoats and blankets lost? 

Answer. They commenced throwing them away at the mouth of 
the river. On the second and third day, I think, more were thrown 
away. 

Question by Colonel Paine. How do you know that the men 
threw away their blankets and overcoats at the Brassos? 

Answer. I saw them throwing them away. 

Question by Colonel Paine. To what company of the North 
Carolina regiment did you belong on the march from the Brassos to 
Camargo, and how many men of your company threw away their 
blankets and overcoats'? 

Answer. I belonged to company F. I do not know how many 
men threw away their blankets. I recollect some two or three 
doing so. The captain remarked to them, at the time, they would 
want them before they got them again. 

Question by Colonel Paine. To what companies of the regiment 
did the men chiefly belong who threw away their blankets and 
overcoats'? 

Answer. I cannot say to what companies they chiefly belonged. 
I suppose they belonged to all the companies. 

Question by Colonel Paine. In what part of the command were 
you on the march from the Brassos to Camargo? 

Answer. Sometimes in the rear and sometimes in front of the 
column. 

Question by Colonel Paine. Were you at any time during the 
march from the Brassos to Camargo, in command of the advance 
guard; and if so, did the whole guard at any time continue the 
day's march on foot? 

Answer. I was several times in the command of the advance guard. 
1 do not recollect a day during which the whole guard marched 
on foot the entire day; on one day, however, there was but one 
man who gave out. 

Question by Colonel Paine. How many men in the command 
marched on foot the whole distance from the Brassos to Camargo? 

Answer. I knew of but three. 

Question by Colonel Paine. What became of the men on the 
march when they gave out, as you say? 

Answer. They got into the wagons. 

Question by Colonel Paine. Do you remember how many men 
of the command rode on horseback on the march from the Brassos 
to Camargo? 

Answer. I do not recollect the exact number; I think there were 



123 [ 62 ] 

sixty men mounted daily. There might have been more; I do not 
recollect. 

Question by Lieutenant Singletery. Have you any reason to 
believe there was any understanding between the men of the Vir- 
ginia and North Carolina regiments, in connexion with the dis- 
turbances of the 14th and 15th of August? 

Answer. I have not. 

Question by Lieutenant Singletery. Was it the adjutant's re- 
peated instructions to the company officers, that the men must all 
walk and carry their knapsacks as long as they could possibly do 
so? 

Answer. The adjutant instructed them that the men must carry 
them as long as they could do so, and when they became unable, 
they might put them in the wagons. 

Question by Lieutenant Singletery. Were there any men mounted 
before the command left Matamoras, and were they furnished with 
saddles'? 

Answer. I do not think any were mounted before we got to 
Matamoras. They were not all furnished with saddles, and I am 
not sure any were. v 

Question by Lieutenant Singletery. Was Colonel Paine, in your 
opinion, respectful to the officers on drill at Buena Vista, and 
what was his conduct in this respect? 

Answer. I thought his conduct on drill frequently very harsh. 

Question by Lieutenant Singletery. Did you notice any change 
in the conduct and discipline of Colonel Paine, after the 16th of 
August last, and was he severe or less strict? 

Answer. I thought there was a change; I thought he was as 
strict in enforcing obedience to his orders, but that his language 
was less harsh. 

Question by Lieutenant Singletery. What has been Lieutenant 
Singletery's conduct since his return to the regiment? 

Answer. I think he has been as attentive to his duties as he 
could be. 

Question by Lieutenant Singletery. Did, or did not, Colonel 
Paine allow the men many liberties after the 16th August, which 
had not been allowed before? 

Answer. Yes, he did; the men were allowed to leave camp of- 
tener than before. This was after the camp was removed from 
Buena Vista to Arispa's Mills-. 

Question by Lieutenant Singletery. Do you know of any men 
being allowed to visit Saltillo, while the regiment was at Buena 
Vista, except on business? 

Answer. I do not. 

Question by Lieutenant Pender. Did not most of the officers 
own horses, and were they not mounted on their arrival at 
Walnut Springs, when the regiment was on its march to Buena 
Vista? 

Answer. Yes, I think so. 

Question by Lieutenant Pender. Did, or did not, Lieutenant 



[62] 



124 



Pender own the horse he rode on that occasion, or was he furbished 
by the quartermaster? 

Answer. I think he did. 

Question by Lieutenant Pender. Were, or not, you and Lieu- 
tenant Mitchell mounted, and was not Lieutenant Pender then in 
command of his company, "A?" 

Answer. I do not recollect; I was not on duty from the time 
I left Cerralvo till I got to Walnut Springs; but I think Lieuten- 
ant Pender was in command of the company; I think Lieutenant 
Mitchell was mounted. 

Question by Lieutenant Pender. What is Lieutenant Pender's 
character as an officer and disciplinarian in the regiment? 

Answer. He has always been considered a good officer in the 
regiment. 

Question by Colonel Paine. Were you frequently on duty at 
Buena Vista, or not? 

Answer. I was. 

Question by Colonel Paine. Do you, or not, know that orders 
regulating the brigade, while at Buena Vista, emanated from the 
commanding general? 

Answer. I knew they did. 

Question by Colonel Paine. Have you ever known Colonel 
Paine permit any one, under his command, to violate any orders 
issued for the government of the regiment? 

Answer. I do not know that I have. 

Question by Colonel Paine. How often did Colonel Paine visit 
Saltillo, while he was encamped at Buena Vista? 

Answer. I do not know that he ever visited it while we were 
there. 

Question by Colonel Paine. Can you name any instance of a 
soldier being permitted to visit Saltillo, while the regiment was 
at Arispa's Mills, unless he went on business; and, if so, state the 
occasion on which he was allowed to go? 

Answer. There were several me .1 permitted to go to town for 
appearing well on inspection; I don't know whether they had any 
business there. 

Question by Colonel Paine. Has, or has not, Colonel Paine 
strictly prohibited, amongst the officers and soldiers of his regi- 
ment, all gambling and card playing while in camp? 

Answer. He has. 

Question by Colonel Paine. How often have you known Lieu- 
tenant Singletery absent at night from the camp, at Arispa's Mills,, 
since his return to the regiment? 

Answer. I have known him but once absent. 

Question by Colonel Paine. How often have you known Lieu- 
tenant Singletery engage at playing cards while in the camp of the 
North Carolina regiment, at Arispa's Mills, since his return to the 
regiment? 

Answer. I have known him engage in some two or three games 
of whist since his return; I think this is all; 1 do not recollect any 
more at present. 



125 [ 62 ] 

Question by Colonel Paine. Was Lieutenant Singletery, at 
the times you spoke of in your answer to the last question, play- 
ing at cards in his own tent? 

Answer. At one time he was; I only recollect once. 

Question by Lieutenant Singletery. On the occasion when Lieu- 
tenant Singletery was absent from camp, at night, do you, or do 
you not, know that he had permission from Major Stokes? 

Answer. I knew he had. 

Question by the court. How many miles per day were you 
marched from the Brassos to Camargo? 

Answer. I think from 8 to 15 miles. 

Question by the court. When you saw the men throwing away 
their blankets and overcoats, as you have stated, did you attempt 
to prevent it; and, if so, were your efforts successful; and, if not 
successful, what more did you do to prevent the waste of clothing? 

Answer. I told the men they had better take care of their cloth- 
ing, which was all I did. 

Question by the court. Do you, or not, consider that Colonel 
Paine, in the command of his regiment, has been influenced solely 
by a wish to promote the good of it? 

Answer. I suppose he has been. 

Question by the court. Do you believe the loss of the blankets 
and overcoats, on the march, came to the knowledge of Colonel 
Paine? 

Answer. I do not see how he could have avoided this knowledge. 

Question by the court. Did you report to him, or did you know 
of any officers having reported to him of their loss? 

Answer. I did not, and I do not know^of any other officer having 
done so. 

A paper was presented to the court by Lieutenant Singletery, -who 
requested it might be appended to the record. The paper was read 
to the court by the judge advocate. 

Captain William P. Graves, commissary of subsistence, U. S. A., 
called, at the request of Lieutenant Singletery, to verify the sig- 
natures to the paper, being duly sworn, testifies: u All the signa- 
tures to the paper, except those of Captains Tipton and Roberts, 
were signed to the paper in my presence, and, with the exception 
of Captain Roberts's name, are in the handwritings of the persons 
they purport to be signed by. 

The court then ordered it to be appended to the record, marked 
"R." 

Question by Lieutenant Singletery. Do you, or not, consider that 
the conduct of Colonel Paine towards the officers and men of the 
North Carolina regiment has been overbearing and disrespectful? 

Answer. I do. 

Question by Lieutenant Pender. In what capacity were you act- 
ing when I was arrested at the Walnut Springs, for not reporting 
to the colonel depredations committed on the cornfields by persons 
of the train? 



[62] 



126 



Answer. I was first sergeant of company F. 

Question by Lieutenant Pender. Who was in command of F com- 
pany, on our arrival at the Walnut Springs'? 

Answer. I think Lieutenant Wiley was; I am not certain. 

Question by Lieutenant Pender. What lieutenants were along 
with F company'? 

Answer. Lieutenants Wiley and Mitchell. 

Question by Lieutenant Pender. W T as not Lieutenant Mitchell 
mounted'? 

Answer. I think he was. 

Question by Lieutenant Pender. Were not most of the officers 
mounted? 

Answer. A good many of them were; I do not know whether or 
not the majority. 

Question by Lieutenant Pender. Was the horse I rode my own 
property, or was he furnished me by the quartermaster? 

Answer. He was not furnished by the quartermaster; I believe 
he belonged to Lieutenant Pender; I know he sold him after we 
arrived at Buena Vista. 

Sergeant Jacob Fox, company A, North Carolina volunteers, wit- 
ness, called at the request of Lieutenant Singletery, duly sworn. 

Question by Lieutenant Singletery. Did you, or not, ever hear 
Colonel Paine say any thing about having Lieutenant Singletery 
dishonorably discharged from the service, and if so, state all you 
know about if? 

Answer. I was in the adjutant's tent some time either the last of 
July, or 1st of August, (I know Lieutenant Singletery was in arrest 
at the time,) with Adjutant Buck. Colonel Paine came out of his 
tent and asked the adjutant if he had carried Lieutenant Single- 
tery his sword; the adjutant told him he had,, and that Lieutenant 
Singletery refused to take it. The colonel then asked the adjutant 
why did Lieutenant Singletery refuse to do it. The adjutant then 
told the colonel that. Lieutenant Singletery had been over to see 
General Wool, and that Lieutenant Singletery said he would rather 
have charges preferred against him than receive his sword. Colonel 
Paine then asked the adjutant how Lieutenant Singletery came to 
go there, and the reply of the adjutant w=;s, that Lieutenant Single- 
tery had written a note to General Wool, and that General Wool 
had sent after him. The colonel then said to the adjutant that if 
Lieutenant Singletery chose to cut up such capers, or swells, as 
that, he might go home, or he would send him home, I do not re- 
member which, dishonorably. 

Sergeant Joseph Hardie, H company, North Carolina volunteers, 
witness, called at the request of Lieutenant Singletery, duly sworn. 

Question by Lieutenant Singletery. Were you, or not, detailed 
to act as sergeant of the guard at Colonel Paine's tent, on the 
night of the 15th of August last, and if so, state all that occurred 
in connexion with the matter? 

Answer. I was so detailed. I told the orderly sergeant of the 



127 [ 62 ] 

company that I was unable to do duty. He then went away and 
returned soon after with the surgeon. The surgeon said he had 
been sent by the colonel to examine me, and the sergeant told me 
to get up, and I got up and went to the tent door. The surgeon 
felt my pulse, asked me what was the matter, and I told him. He 
and the orderly sergeant then left. 

Question by Lieutenant Singletery. Had you or not been unwell 
during that day, and how long was it afterwards before you were 
put on duty? 

Answer. I had been unwell all that day and felt worse that night. 
I was not again put on duty till the company arrived at the heights 
of Saltillo, I think two or three days, but I do not recollect ex- 
actly. 

Question by Lieutenant Singletery. After the surgeon left you, 
was anything more said to you about standing guard at the colonel's 
tent? 

Answer. No. 

Question by Lieutenant Singletery. Was there or not ever any 
familiarity between Lieutenant Singletery and the non-commis- 
sioned officers of his company? 

Answer. No. 

Question by Lieutenant Singletery. Did you or not, while at 
Buena Vista, or at any time previous to the 16th of August last, 
ever hear Lieutenant Singletery say -anything in abuse or dispar- 
agement of Colonel Paine? 

Answer. No, I never did. 

Question by Colonel Paine. Did you or did you not turn out 
with company H, under arms, on the night of the 15th of August 
last, when the companies of the regiment were ordered out? 

Answer. Yes, I did. 

Question by Colonel Paine. Are you positively certain that you 
were not put on duty until your company moved to the heights of 
Saltillo? 

Answer. Yes. 

Question by Colonel Paine. When did your company H move 
from Buena Vista, and to what place did it march; and did you or 
not march to the new encampment? 

Answer. After leaving Buena Vista we marched about half way 
to Arispa's mills, perhaps two miles, and then halted and encamped 
for the night, and the next day marched to Arispa's mills, about 
two miles further, and encamped. 

Question by Colonel Paine. With what part of the command 
did you march to the first camp after leaving Buena Vista, and how 
long were you making the march? 

Answer. I started with the company but did not get there with 
it; I think I was two or three hours on the way; I do not recollect 
exactly, but I know I walked very slowly. 

Question by Colonel Paine. About what time of day did you 
reach the first camp? 

Answer. I do not now recollect. 

Question by Lieutenant Singletery. Did you or not on the march 



[ 62 ] 128 

to Arispa's mills lag behind the rest of the command from weakness 
and indisposition? 

Answer. Yes. 

Question by Lieutenant Singletery. Was there ever any " stam- 
pede" or call for the men to \urn out, when the men of company 
H, including some who were very ill, failed to turn out? 

Answer. No, I never saw it the case. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



THIRTY-SECOND DAY. 

Saltillo, Mexico, 
Thursday, March 2, 1848. 

The court met pursuant to adjournment. Present, all the mem- 
bers and the judge advocate, recorder. 

Second Lieutenant S. T. Nicholls, North Carolina regiment, wit- 
ness, called at the request of Lieutenant Singletery, duly sworn. 

Question by Lieutenant Singletery. Did you or not hear Colo- 
nel Paine give any order to Lieutenant Singletery on the night of 
the 15th of August concerning a guard to be detailed from his com- 
pany H, and if so, what was that order? 

Answer. I was in Captain Kirkpatric % % k tent, I suppose about 8 
or 9 o'clock on that night, in company with Lieutenant Singletery 
and several other officers, when Colonel Paine came to the tent 
door. Captain Kirpatrick asked who was there, and as no answer 
was returned he said he would see who it was, and got up and went 
to the tent door; saw that it was the colonel, and invited him in. 
He replied that he did not care about coming in. Colonel Paine 
then remarked to Lieutenant Singletery that he wanted twenty men 
from his company for a guard. Lieutenant Singletery started off 
in the direction of his quarters, and turned to Colonel Paine and 
asked him if he should bring the men himself. Colonel Paine told 
him he need not bring the men. himself, but send them by a non- 
commissioned officer. Colonel Paine then went down the street 
towards the right and Lieutenant Singletery towards his tent. I 
immediately after left Captain Kirpatrick's tent and went up to the 
second tent towards the left, I think one of the officers' tents of 
F company. I went into the tent, sat down, and commenced read- 
ing a newspaper. Immediately afterwards Adjutant Singelton came 
into the tent and remarked that there would be a difficulty in camp, 
as the Virginians were coming into the camp of the North Caroli, 
nians, and if they did not mind some of them would get killed. I 
remarked to him that I did not suppose there would be any diffi- 
culty in camp. Some little conversation passed after that; I do not 
recollect w 7 hat. 

While we were talking a pistol fired, and immediately afterwards 
I heard a man hallooing that he was shot, and some person calling 
upon the companies to turn out; the adjutant and myself then left 



129 [ 62 ] 

the tent, the adjutant going down towards the right flank; I re- 
mained in the street a short time, and then went down to my own 
(D) company's street; after remaining there for a short time, I went 
up to Lieutenant Singletery's tent again — found him sitting in front 
of his tent — his company under arms in the street of the company; 
shortly afterwards the adjutant gave orders to dismiss the com- 
panies; I then retired to my tent. 

Question by Lieutenant Singletery. How long was it before the 
pistol was fired that Colonel Paine gave this order to Lieutenant 
Singletery? 

Answer. It could not have been more than five minutes. 

Question by Lieutenant Singletery. Did you hear a conversation 
between the adjutant and Lieutenant Singletery, concerning the 
guard that Colonel Paine had called for? 

Answ T er. I do not recoUect hearing such a conversation. 

Question by Lieutenant Singletery. Has or has not Lieutenant 
Singletery, since his return to the regiment, endeavored to influence 
your feelings towards Colonel Paine? 

Answer. He has not. 

Question by Lieutenant Singletery. Did you observe any neglect 
or delay on the part of any officer on the night of the 15th of 
August? 

Answer. I did not. 

Question by Colonel Paine. Are you certain that it was into the 
tent of an officer in company F that you went, after you say Colo- 
nel Paine gave the order to Lieutenant Singletery to bring the 
twenty men for a guard? 

Answer. I am. 

Question by Colonel Paine. Did any other officer go into the tent 
in F company, in which you were, besides Adjutant Singleton, 
while you were there? 

Answer. No, not that I recollect. 

Question by Colonel Paine. Do you remember what paper you 
were reading when the adjutant came into the tent in which you 
say you had gone? 

Answer. No, I do not. 

Question by Colonel Paine. Are you certain you were reading a 
paper when the adjutant came into the tent and commenced the 
conversation with yon? 

Answer. I am. 

Question by Colonel Paine. How long after the order for the 
companies to turn out was it before you saw any company formed 
on its company parade? 

Answer. The companies turned out immediately, as quickly as 
they could — not more than a minute; they formed as soon as they 
could. 

Question by Colonel Paine. After Lieutenant Singletery had re- 
ceived the order for the twenty men, as you have stated, did you 
see him again until you went down to his tent, as you said, when 
his company was under arms? 

Answer. I did not. 



[62] 



130 



Question by Lieutenant Singletery. Did you or not ever see any 
companies form under arms as rapidly as the companies of the 
North Carolina regiment, on the night of the 15th of August last? 

Answer. They formed as rapidly as they could. 

Question by Lieutenant Singletery. Do you believe there would 
have been any difficulty in the North Carolina camp, on the nights 
of the 14th and 15th of August last, but for the men of other regi- 
ments — and do you or not believe that any members of the North 
Carolina regiment* were aware of the intentions of the Virginians 
to raise a disturbance in the camp on those occasions'? 

Answer. I do not believe there would have been any difficulty, 
but for the men of the other regiments; I do not believe the mem- 
bers of the North Carolina regiment were aware of the intentions 
of the Virginians. 

Second Lieutenant D. H. Black, North Carolina regiment, recalled 
at the request of Lieutenant Singletery: 

Question by Lieutenant Singletery. Were you present, and do 
you or not consider that any unnecessary hardship was imposed on 
the men of the command which marched with Colonel Paine from 
the Brassos to Camargo, and if so, in what did it consist? 

Answer. I was at the time a sergeant of company IJ, and marched 
from the Brassos to Camargo under Colonel Paine; the men were 
made to carry their knapsacks and march all the way; every man 
considered it a hardship to carry his knapsack and march. 

Question by Lieutenant Singletery. Were^not the men very much 
enfeebled by sea sickness at the commencement of the march — was 
or was not the heat very oppressive, and did or did not many of them 
throw away their overcoats and blankets'? 

Answer. I believe the men were very much enfeebled by sea 
sickness — the heat was very oppressive, and the men generally of 
the command threw away their clothing; I threw away some cloth- 
ing (shirts) I had brought from home, and a blanket, at the mouth 
of the river. 

Question by Lieutenant Singletery. What were the adjutant's 
instructions to the company^officers, on the march to Camargo, in 
relation to the carrying of knapsacks'? 

Answer. I have frequently on that march heard the adjutant di- 
rect the company officers to have the men carry their knapsacks if 
it were possible, and if it was not possible for them to do so, their 
knapsacks would have to be put in wagons. 

Question by Lieutenant Singletery. Did you or not, while a non- 
commissioned officer of company H, hear Lieutenant Singletery say 
anything in abuse or disparagement of Colonel Paine'? 

Answer. I did not. 

Question by Lieutenant Singletery. What was the order you 
gave to Sergeant Whittaker concerning the detail of a non-com- 
missioned officer from company H, on the* night of the 15th of 
August last? y 

Answer. I did not give Sergeant Whittaker any order on that 
night to detail a non-commissioned officer. Colonel Paine directed 
me to make the detail myself. 



131 [ 62 ] 

Question by Lieutenant Singletery. Did Sergeant Whittaker ever 
say anything to you about a letter to General Taylor, dated Au- 
gust 7, 1847, preferring charges against Colonel Paine, and when 
did you first hear of that letter? 

Answer. Sergeant Whittaker never named it to me, to my recol- 
lection. The first time I ever heard of it, I saw it published. 

Question by Lieutenant Singletery. Are you confident that Ser- 
geant Whittaker never spoke to you of that letter'? 

Answer. I repeat that I have no recollection that Sergeant Whit- 
taker ever spoke to me of the letter, therefore I am confident he 
never did. 

Question by Colonel Paine. Are you confident you never heard 
of the letter to General Taylor before you saw it published? 

Answer. I am. 

Question by Colonel Paine. How many men of H company, and 
what men, threw away their overcoats and blankets, on the march 
from the Brassos to Camargo? 

Answer. I do not know. I cannot name any one who threw 
away his blanket or overcoat, except myself, and I threw away 
my blanket at the mouth of the river. 

Question by Colonel Paine. How many blankets had you, on ar- 
riving at the Brassos? 

Answer. I had but one. 

Question by Colonel Paine. When did you get a blanket after 
you threw away the one at the mouth of the river, and where did 
you obtain it? 

Answer. I got one at Camargo. 

Question by Colonel Paine. At what time did you obtain the 
blanket at Camargo, and from whom did you obtain it? 
f; Answer. I do not recollect the date at which I got it. I think we 
had been in Camargo four or five days before I got it. I obtained 
it from Corporal Gorman. 

Question by' Colonel Paine. Had you no night covering on ar- 
riving at Camargo, until you obtained the blanket from Corporal 
Gorman? 

Answer. I had two overcoats. 

Question by Colonel Paine. How many days on the march from 
the Brasses to Camargo did you march on foot during the whole 
day's march? 

Answer. When I was on the mounted guard I rode, when I was 
not, I walked all the day's march. I never rode in the wagons. 

Question by Colonel Paine. How many men of H company 
marched on foot the whole way from the Brassos to Camargo? 

Answer. I do not know that any marched afoot all the way; in 
fact, I feel confident that none so marched all the way. 

Question by Colonel Paine. Do you know of any man of H com- 
pany, who carried his knapsack during the entire march from the 
Brassos to Camargo, while not one of the mounted guard? 

Answer. No. I do not know any one that carried his knapsack, 
during the entire march while on foot, except myself; when the 
men were unable to carry their knapsacks they were allowed to 
put them in the wagons. 



[62] 



132 



Question by Colonel Paine. How many days did you carry your 
knapsack during the march from the Brassos to Camargo? 

Answer. I do not recollect how many days. 

Question by Colonel Paine. Will you state what clothing you 
had in your knapsack during the time you carried it on the march 
from the Brassos to Camargo? 

Answer. I had but very little, as I had thrown some away, know- 
ing I would have to carry it. 

Question by Colonel Paine. Will you state what clothing you 
recollect was in your knapsack at the time mentioned in the last 
question'? 

Answer. I had four shirts, one coat, and two pairs of pantaloons; 
that is all I can recollect. I think I had thrown away three shirts. 

Question by Colonel Paine. Where did you carry your two over- 
coats, during the march? 
• Answer. I carried one of my overcoats sometimes on, and some- 
times in my knapsack; the other in a waggon. It was only one 
or two days before reaching Camargo that I obtained the second 
overcoat; some one had left it, and I picked it up. 

Question by Lieutenant Singletery. Were not all the men on foot 
required to carry their knapsacks, until they were rendered unable 
by fatigue of the march to do so? 

Answer. All the men were obliged to carry their knapsacks, un- 
less disabled from any cause, when they were allowed to put them 
in the wagons. 

Question by Lieutenant Singletery. How many men of the com- 
mand threw away any of their clothing to your knowledge, and 
who were they? 

Answer. A great many of the men of the command threw away 
more or less of their clothing. 

Question by Colonel Paine. Where is Corporal Gorman, of whom 
you said you obtained a blanket at Camargo? 

Answer. I do not know where he is; he has been discharged. 

Question by the court. You state, "the men were made to carry 
their knapsacks and march all the way" which was a hardship, 
you considered; and you state afterwards that the men were allowed 
to put their knapsacks in the wagons, when unable to carry them, 
and that some of the men, in your belief, performed the entire 
march on foot; how do you explain this apparent contradiction? 

Answer. I state in explanation that the men who were on the 
mounted guard did not carry their knapsacks, and when the men 
were not on that guard, and were disabled by fatigue, Jameness, or 
sickness, they were permitted to put their knapsacks in the wagons 
and to get into the wagons themselves; and when able, they were 
obliged to march and carry their knapsacks. 

Question by the court. Was the clothing thrown away, of which 
you have spoken, necessary to a soldier, and part of his uniform; 
°r was it superfluous, comparing it with the allowance to soldiers 
of the regular army? 

"Answer. As far as I know T , clothing thrown away was citizens' 
clothing, except the blanket that I myself threw away. 



133 [ 2 ] 

Question by Colonel Paine. Do you remember any two non-com- 
missioned officers of H company, who had been sick sometime pre- 
vious to the 15th of August last, and continued sick during that 
time, and until some weeks afterwards? 

Answer. I do remember two non commissioned officers of that 
company, who had been sick sometime previous to that date, and 
remained sick sometime afterwards; their names are Champ, (a 
sergeant,) and Paschel, (a corporal.) 

Question by Colonel Paine. Have you, or not, at the request of 
Colonel Paine, made diligent inquiry in company H for the sick 
book of compaay H, kept on the 15th of August last, and what 
was the result of your inquiry, and when did you last see the 
book? - 

Answer. I have inquired of the present orderly sergeant of the 
company; asked him this morning for the book. He told me the 
book had been filled out and had been thrown away; I last saw it 
some six or seven days ago. 

Question by Colonel Paine. When did you cease to be a non- 
commissioned officer of H company, and when did you again join 
the company, and in what capacity? 

Answer. I ceased to be a non-commissioned officer in the com- 
pany the first day of August, 1847, and joined it again the 20th of 
August, as second lieutenant. 

Question by Colonel Paine. Did you or not tell Adjutant Whitta- 
ker that some one was attempting to create a coolness between him 
and you, and tell him not to mind what he heard, or words to that 
effect? 

Answer. I told him I supposed some one was attempting to cre- 
ate a coolness between. him and myself, and I told him not to mind 
what he heard. 

Question by Colonel Paine. Did you or not say to Adjutant 
Whittaker, that you had had a controversy with some one about 
him, or words id. that effect? 

Answer. I did. 

Question by Colonel Paine. When did this controversy take 
place, of which you spoke to Adjutant Whittaker? 

Answer. I do not recollect the date, but it was some two or three 
weeks ago. 

Question by Colonel Paine. Will you state with whom you had 
the controversy about Adjutant Whittaker? 

Answer. I think it was with Lieutenant Mitchell, I am not 
sure. 

Question by Colonel Paine. Will you state to whom you alluded 
w r hen you said that some one was attempting to create a coolness be- 
tween you and Adjutant Whittaker? 

Answer. I did not allude to any particular person; my reason 
for supposing that some one had attempted to create such a cool- 
ness arose from Lieutenant Whittaker's behavior towards me, which 
I thought manifested a coolness on his part, which I could not 
otherwise account for. 

Question by Colonel Paine, When did the conversation, of 



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134 



-which you spoke in your answer to the fourth question before the 
last, take place with Adjutant Whittaker % 

Answer. Some few days ago in Saltillo, since I have been in at- 
tendence upon this court. 

Question by Lieutenant Singletery. In what manner has Lieu- 
tenant Singletery generally spoken of Adjutant Whittaker since 
his return to the regiment % 

Answer. I have always heard him speak well^ of Adjutant 
Whittaker. 

Sergeant N. M. Peoples, North Carolina regiment of volunteers, 
witness, called at the request of Lieutenant Singletery, duly sworn: 

Question by Lieutenant Singletery. Did, or did not, Sergeant 
Whittaker call on you to act as non-commissioned officer of the 
guard at Colonel Paine's tent on the night of the 15th of August 
last ? 

Answer. He did not. 

Question by Lieutenant Singletery. When Lieutenant Singletery 
directed you to copy the letter to General Taylor, dated August 
7. did he or not impose on you any injunctions of secrecy. 

Answer. He did. 

Question by Lieutenant Singletery. Did you or not hear any con- 
versation between Lieutenant Singletery and Orderly Sergeant 
Whittaker concerning a guard called for by Colonel Paine on the 
night of the 15th of August last, and, if so, when and what was if? 

Answer. 1 heard him order Orderly Sergeant Whittaker to de- 
tail a guard on the night of the 15th of August last, for the colo- 
nel's tent; I was some feet off from them when the order was 
given, and, besides the order, I heard nothing of the conversation; 
but after the order had been given, and Lieutenant Singletery had 
turned aw r ay to go to his tent, I heard Sergeant Whittaker say u I 
don't care a damn whether the men turn out or not." I don't know 
whether or not Lieutenant Singletery heard this expression of Ser- 
geant Whittaker; but I suppose not. Sergeant Whittaker then 
went on to say, that he did not believe that the colonel had a right 
to a private guard within the chain of sentinels or camp. That 
is all the conversation I remember to have occurred about the 
guard. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



THIRTY-THIRD DAY. 

Saltillo, Mexico, 
Friday, March 3, 1848. 

The court met pursuant to adjournment; present, all the mem- 
bers, and the judge advocate, recorder. 

Examination of Sergeant Peoples continued: 

Witness desired to add something to his answer of yesterday. 



135 [ 62 ] 

ii l omitted to gtate yesterday, that when Lieutenant Singletery 
turned away to go to his tent, after lie had given Orderly Sergeant 
Whittaker the orders to detail the guard, that Lieutenant Singletery 
said to the sergeant, 'furnish, or detail the guard at all events,' or 
something of that sort." 

Question by Lieutenant Singletery. Did you or not see Lieuten- 
ant Singletery when he first came up and spoke to Sergeant Whit- 
taker, and are you or not confident that you heard all that was 
said by Lieutenant Singletery ? 

Answer. I saw Lieutenant Singletery when he first came up, and 
I think that I heard all the conversation that passed between him 
and the sergeant. 

Question by Lieutenant Singletery. Did you or not ever hear 
Sergeant Whittaker say anything about Colonel Paine before the va- 
cancy occurred in the commissioned officers of company H, by the 
resignation of Lieutenant Flanner. 

Answer. I have, many a time. 

Question by Lieutenant Singletery. When was the last time you 
heard Lieutenant Whittaker say anything abusive of Colonel Paine? 

Answer. The last occasion, I recollect, occurred just after Lieu- 
tenant Singletery was discharged, and just about the time he was 
going home, and after Sergeant Whittaker had been elected a se- 
cond lieutenant of the company. His remark was, that u if the 
company would go, he would follow Lieutenant Singletery home." 

Question by Lieutenant Singletery. How long before Lieutenant 
Whittaker was appointed adjutant did you hear him say anything 
abusive of Colonel Paine ? 

Answer. I cannot express any time; I think I heard him use 
abusive language towards Colonel Paine almost every day up to 
the time of his being appointed adjutant. 

Question by Colonel Paine. What direction did Lieutenant Sin- 
gletery come, and where did he meet Sergeant Whittaker, when he 
gave the latter the order to detail the guard you spoke of? 

Answer. I did not notice the direction he came from. He met 
Sergeant Whittaker within a few feet of me, just in front of my 
tent, the second tent from the company officers' tents, and on the 
left flank of the encampment. 

Question by Colonel Paine. Who slept in your tent with you on 
the night of the 15th of August last? 

Answer. Corporal Harding and private James Wilson, and, I 
think, private Joseph Crawford. 

Question by Colonel Paine. Were you on battalion drill on the 
morning of the 16th of August, and the morning after the disturb- 
ance in the camp of the North Carolina regiment? 

Answer. I was. 

Question by Colonel Paine. Will you state what other non-com- 
missioned officers of H company were present besides yourself at 
the battalion drill on the morning of the 16th August? 

Answer. I cannot; I don't remember. 

Question by Colonel Paine. Was, or was not, Sergeant Champ 
of (H) your company sick on the 16th of August last, and how 



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136 



long had he been sick before that time, and how long did he con- 
tinue sick afterwards? 

Answer. I do not recollect whether he was sick at that time or 
not. 

Question by Colonel Paine. Was any non-commissioned officer 
of your company (H) on guard with the brigade on the night of the 
15th of August last? 

Answer. I cannot remember. 

Question by Colonel Paine. Where were you when company H 
was called out under arms on the night of the 15th of August last? 

Answer. I was in my tent. 

Question by Colonel Paine. Were you asleep, or not, before the 
pistol was fired in the camp on the night of the 15th of August 
last? 

Answer. I was in my tent, but was not asleep; we had hardly 
got our clothing off preparatory to lying down for the night. 

Question by Colonel Paine. Was Corporal Harding sick, or not, 
on the night of the 15th of August last, and did he go on battalion 
drill next morning? 

Answer. I think he was sick on that night; but whether or not 
he went on battalion drill next morning I cannot say. 

Question by Colonel Paine. Was the orderly sergeant, Whittaker, 
of your (H) company present on battalion drill on the morning of 
the 16th of August? 

Answer. I cannot recollect. 

Question by Colonel Paine. Do you remember whether, or not, 
an unusual number of non-commissioned officers and privates of H 
company were absent from battalion drill, or reported sick on the 
morning after the disturbance, in the camp of the North Carolina 
"volunteers, on the night of the 15th of August last? 

Answer. I do not remember. 

Question by Colonel Paine. Was the abuse which you say Ser- 
geant Whittaker so frequently indulged in against Colonel Paine 
made to you privately, or was it made openly and before the com- 
pany? - 

Answer. While sergeant he made use of abusive language to- 
wards Colonel Paine, openly, both to me and the company. 

Question by Colonel Paine. Where did you go on the night of 
the 15th of August last, after you heard Lieutenant Singletery give 
Sergeant Whittaker the order for the guard? 

Answer. I did not go out of the company street. 

Question by Colonel Paine. How long after you heard Lieuten- 
ant Singletery give the order for the guard before you went into 
your tent? 

Answer. I do not recollect. 

Question by the court. As the company clerk did you, or not ? 
keep the records of the company and make out the morning reports 
and company returns? 

Answer. I did that af er I got to Buena Vista, and I had done, 
so before. 



137 [ 62 ] 

Question by the court. When Lieutenant Singletery directed you 
to copy the letter to General Taylor, what did he say to you? 

Answer. He sent Sergeant Whittaker to tell me to come to his 
tent, that he wanted me to do some writing for him. I went to Lieu- 
tenant Singletery's tent, where I was shown a rough draft of a let- 
ter to General Taylor — by whom written I did not know, as no 
name was signed to it. Lieutenant Singletery told me he wanted 
me to copy it, which I did; and, after the copy was made, several 
officers came and signed it. Lieutenant Singletery told me I must 
not mention the contents of the letter to any one; that I must keep 
them secret. I was acting company clerk at the time. 

Question by the court. Did you hear all the conversation that 
passed between Lieutenant Singletery aud Sergeant Whittaker on 
the occasion of their meeting at the time referred to in your pre- 
vious answer? 

Answer. I was within a few feet of them at the time Lieutenant 
Singletery came up, and I think not a word passed between them 
that I did not hear. 

Question by Colonel Paine. After you heard Lieutenant Single- 
tery give the order to Sergeant Whittaker to furnish the guard, did 
you go into your tent, and did you, or not, leave your tent again 
that night; and if so, for what cause did you leave it? 

Answer. I cannot remember whether I went into my tent or not 
after I heard the order given; but I know I was in my tent a minute 
or two before the pistol was fired. 

Quest-ion by Colonel Paine. Did Lieutenant Singletery give to 
Sergeant Whittaker the order for the guard before or after the pis- 
tol was fired; and how long before or after that time? 

Answer. I cannot recollect whether it was before or after; nor 
can I -ecollect what interval of time there was between the giving 
of the order and the firing of the pistol. 

Question by Colonel Paine. How many men of your (H) company 
were out in the company street when Lieutenant Singletery gave 
the order for the detail of the guard to Sergeant Whittaker? 

Answer. There were several groups, perhaps a third of the com- 
pany; during those warm nights, the whole company was generally 
out until bed time. 

Question by Colonol Paine. What man was standing by you and 
heard Lieutenant Singletery give Sergeant Whittaker the order for 
the guard? 

Answer. Private Scarlet, of company H. 

Question by the court. What did you do when the order was 
given for the company to turn out under arms? 

Answer. I got up and put my clothes and accoutrements on, and 
turned out with the company. 

Question by the court. How long was the company in getting 
under arms, and how long did it remain under arms? 

Answer. It got out immediately, and remained under arms until 
the adjutant, Lieutenant Singleton, came and dismissed the com- 
pany. Lieutenant Singletery was standing at the head of the com- 
pany when dismissed. 
10 



[62] 



138 



Question by the court. What did you do when the company was 
dismissed? 

Answer. I went to my tent; nothing else. 

Question by the court. Were you out of your tent again that 
night? 

Answer. I don't think I was. 

Corporal Gabriel Holmes, company H, North Carolina volun- 
teers, witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutfnant Singletery. Did you, or not, hear Ser- 
geant Whittaker say «»n ihing' about a guard called for by Colonel 
Paine, from company II, on the nights of the 14th or 15th August; 
and, if so, what was if? 

Answer. I heard Sergeant Whittaker ask for a guard, and he told 
me if I did not want to go I must feign sickness; this was on the 
next night after the man was shot. I am sure it was on the night 
after the man was shot. 

Question by Lieutenant Singletery. Did you, or not, ever hear 
Sergeant Wbittaker say anything to any one about a guard for Col- 
onel Paine's tent; and, if so, when and what was it? 

Answer. The guard I have just mentioned was intended for the 
colonel's tent; I was then a private; I do not recollect that he ever 
called upon me to stand guard at the colonel's tent but on one oc- 
casion. I heard Sergeant Whittaker, on the same occasion, advise 
other men not to go on guard; and, Private Manly having stood 
guard at the colonel's tent, I heard Sergeant Whittaker blame him 
for it, after he had come off guard. 

Question by Lieutenant Singletery. Did you ever hear Lieutenant 
Whittaker say anything abusive of Colonel Paine; and, if so, how 
long before he was appointed adjutant. 

Answer. I have heard him speak disrespectfully of Colonel Paine, 
after he was elected lieutenant, in connexion with the treatment 
Lieutenants Singletery and Pender had received. 

Being interrogated, says: The last time 1 heard him speak of 
Colonel Paine was soon after the company was posted on the hill 
above Saltillo; this was not long after the disturbance in camp, at 
Buena Vista, about the wooden horse. 

Question by Colonel Paine. Were you on battalion drill on the 
16th of August last, the morning after the man was shot in the camp 
of the North Carolina volunteers? 

Answer. I was on drill the day after the man was shot; but I do 
not recollect whether or not it was in the morning, nor whether it 
was battalion or company drill. 

Question by Colonel Paine. Was there, or not, an unusual num- 
ber of the privates or non-commissioned officers, of H company, ab- 
sent from battalion drill on the morning after Bradley was shot in 
the North Carolina camp? 

Answer. I think there were more than usual reported sick that 
morning; I am not certain. 



139 



[62] 



Question by Colonel Paine. Where were you when the pistol was 
fired in camp, on the night of the 15th of August last? • 

Answer. The night Bradley was killed, I was in my tent when 
the pistol was fired. 

Question by Colonel Paine. How long had you been in your tent 
on that night before the pistol was fired. 

Answer. I was reading a paper, and just before the pistol was 
fired I had blown out my light; I do not recollect how long I had 
been in my tent. 

Private Stephen Boyd, of company H, North Carolina volunteers, 
called at the request of Lieutenant Singletery, duly sworn. 

The court took a recess till half past 2 o'clock, p. m. 

Question by Lieutenant Singletery. Did you or not hearSergeant 
Whittaker say anything about a guard called for by Colonel Paine, 
from company H, on the night of the 15th of August last- and if 
so, where, and what was it? 

Answer. I heard him say in the company streets of H company, 
I think after tattoo on that night, that a guard was called for from 
the company to go to the colonel's tent, and he raised up his hand 
and said " he hoped to God Almighty that not a man would go, 
and that he should not force them to go, and that if he was a pri- 
vate, he would not go. 

Question by Colonel Paine. Was it before or after first taps on 
the night of the 15th of August last, when you heard Sergeant 
(now adjutant) Wliittaker make use of the expressions in relation 
to the guard you spoke of? 

Answer. I do not recollect whether it was after or before. 

Question by Colonel Paine. Are you certain whether the expres- 
sions used by Sergeant (now Adjutant) Whittaker in relation to the 
guard, was before or after tattoo on the night of the 15th of Au- 
gust last? 

Answer. I am not certain whether it was before or afterwards, 
but, as well as I recollect, it was afterwards. 

Question by Colonel Paine. Did you know or hear that a guard 
had been stationed or called for at Celonel Paine's tent, before 
you heard Sergeant (now Adjutant) Whittaker speak about the 
guard? - 

Answer. No, I did not. 

Private Marsden Scarlet, company H, North Carolina volun- 
teers, witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutenant Singletery. Did you or not hear any 
conversation between Lieutenant Singletery and Sergeant Whitta- 
ker, concerning a guard called for by Colonel Paine, from company 
H, on the night of the 15th of August last, and if so, state when 
and what it was? 

Answer. I heard Lieutenant Singletery, when he came down the 
street, tell Sergeant Whittaker to detail a guard for the colonel, 
and this was on the night of the 15th of August last, I think. Be- 
fore tattoo roll-call, I heard Sergeant Whittaker say something to 



[62] 



140 



Lieutenant Singletery, but could not distinguish the words, and 
then I heard Lieutenant Singletery, as he turned off, say to him 
" nevertheless, detail the guard." 

Question by Lieutenant Singletery. Did you, or not, hear Sergeant 
Whittaker say anything more that night about the guard of which 
you had spoken? 

Answer. I heard him say that he would not blame the men if 
they would not go to stand guard around the wooden horse, and 
he would not go. 

Question by Colonel Paine. Where were you at the time you 
heard the conversation between Lieutenant Singletery and Sergeant 
Whittaker, of which you spoke? 

Answer. Standing in the company street. 

Question by Colonel Paine. Where did you go after the conver- 
sation between Lieutenant Singletery and Sergeant Whittaker? 

Answer. I went into my tent. 

Question by Colonel Paine. Did you leave your tent afterwards, 
that night; and if so, state when you went, and where. 

Answer. I do not recollect that I left it, except to go to roll-call, 
and when the company was ordered out under arms; will not be 
positive that roll-call occurred after I went into my tent. 

Question by Colonel Paine. Did you, or not, state to any per- 
son, on the night of the 15th of August last, that you were going 
to join some persons? 

Answer. No, I did not. 

Question by Colonel Paine. Where were you, at battalion drill 
of the North Carolina regiment, on the morning of the 15th of 
August last? 

Answer. I do not recollect; I was unwell, and did not go out on 
drill that morning. 

Question by Colonel Paine. How long had you been sick prior 
to the 16th of August last? 

Answer. I had been sick for a week or more, and had not been 
on duty. 

Question by Colonel Paine. If you were sick, how came you to 
attend tattoo roll-call on the night of the 15th of August last? 

Answer. Because it was required by the orderly sergeant of 
those who were sick but not in hospital. 

Question by the court. Which was nearest- to you when you 
heard Lieutenant Singletery give the order to Sergeant Whittaker 
for the guard, and the.conversation occurred between Sergeant Whit- 
taker and Lieutenant Singletery. 

Answer. Sergeant Whittaker was next to me. I was standing 
about ten paces from him; Lieutenant Singletery was coming down 
the street. 

Question by Lieutenant Singletery. Was, or was not, Sergeant 
Whittaker with his back to you? 

Answer. He was standing with his back to me. - 

Question by Colonel Paine. How long did you keep on your 
accoutrements after tattoo roll-call, on the night of the 15th of Au- 
gust last? 



141 [62] 



Answer. I do not recollect how long. 

Question by Colonel Paine. Did you stand at ordered arms, or 
with arms shouldered, during tattoo roll-call, on the night of the 15th 
of August last? 

Answer. At ordered arms. 

Question. With whom did you march when the North Carolina 
regiment moved its encampment from Buena Vista? 

Answer. I marched with the company; do not recollect with 
what part of it. 

Private A. B/ Bordeaux, company H, North Carolina volunteers, 
witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutenant Singletery. Did you, or not, hear any 
conversationbetween Lieutenant Singletery and Sergeant Whitta- 
ker, concerning a guard called for by Colonel Paine, from com- 
pany H, on the night of the 15th of August last; and if so, state 
when and what it was. 

Answer. I heard Lieutenant Singletery, while standing about one- 
third of the way between his tent and the surgeon's tent, call Ser- 
geant Whittaker, and tell him that he wanted him to detail a guard 
for the colonel's tent. The sergeant replied that he did not know 
whether the men would be willing to go, or not; and the lieuten- 
ant told him, nevertheless, to make out the detail. This was just 
before the pistol was fired, on the night of the 15th of August last; 
I do not know whether it was before, or after, tattoo. 

Question by Lieutenant Singletery. Did you, or not, hear Ser- 
geant Whittaker say any more about the guard you have spoken 
of that night; and if so, what did he say, and when was it? 

Answer. As he walked down the street I heard him say, that if 
he was in the men's place he would not go to guard the colonel's 
tent, and that he was not going to send any of them; if any were 
of a mind to go, they might. This was said immediately after he 
left the lieutenant. 

Question by Lieutenant Singletery. Do you, or not, remember 
that any of the men offered to leave the camp with Lieutenant 
Singletery on the night of the 16th of August; and if so, what 
did Lieutenant Singletery say to them?' 

Answer. I was on guard that night, and heard no offers of the 
like made. 

Question by Colonel Paine. How long had you been out in your 
company street when you heard the conversation between Lieu- 
tenant Singletery and Sergeant Whittaker about the guard, on the 
night spoken of? 

Answer. I had been out to the sinks, and, in returning to my 
tent, which was next to the officers' tents, I heard the lieutenant 
call the sergeant, and I stopped. The sergeant was standing at his 
tent door. 

Question by Colonel Paine? Did youjenow or had you heard, be- 
fore the conversation between'Lieutenant Singletery and Sergeant 



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142 



Whittaker, of which you spoke, that a guard had been called for 
or was stationed at Colonel Paine's tent? 

Answer. No, I had not. 

Question by Colonel Paine. How far were you standing from 
Sergeant Whittaker when the conversation between Lieutenant 
Singletery and the sergeant took place about the guard? 

Answer. I suppose about ten paces; not exceeding ten. 

Question by Colonel Paine. Where were you at battalion drill 
on the morning of the 16th August last? 

Answer. I was on drill. 

Question by Colonel Paine. Were there or not any lights in the 
men's tents by which you could see Lieutenant Singletery or Ser- 
geant Whittaker at the time of the conversation between- them 
about the guard? 

Answer. No, there was not. 

Question by the court. Was any other person present, or did 
any other person besides yourself hear the conversation between 
Lieutenant Singletery and Sergeant Whittaker? 

Answer. Not that I know of, there was no one with me. Ser- 
geant Peoples and Private Marsden Scarlet were in the middle of 
the street at the time, talking. They were fifteen paces, I sup- 
pose, from Sergeant Whittaker. 

Private James C. Lumsden, company H, North Carolina regiment, 
witness, called at the request of Lieutenant Singletery, duly sworn: 

Question by Lieutenant Singletery. Did you, or not, hear any men 
offer to leave camp with Lieutenant Singletery on the night of the 
16th of August last; and if so, what did Lieutenant Singletery 
say to them? 

Answer. I heard some propose to leave camp with him. He told 
them no, but to stay and do their duty- that it would all be right. 

Question by Lieutenant Singletery. Did you or not hear Ser- 
geant Whittaker say anything about a guard called for by Colonel 
Paine on the night of the 16th August last; and if so, what did he 
say, and when and where did he say it? 

Answer. Yes: he told the men that Colonel Paine wanted a 
* guard for his tent. Told them that if they did not want to go, to 
feign sickness, and he would not compel them to go. This was a 
little after tattoo on the night the man was shot. 

Question by Colonel Paine. Was it before or after the pistol was 
jired in camp, on the night of the 15th of August last, when you 
heard that the guard was wanted? 

Answer. It was after the pistol was fired that I heard that the 
guard was wanted. 

Question by Colonel Paine. Where were yon when you heard 
the sergeant say the men need not turn out for guard? 

Answer. I was in my tent. 

Question by Colonel Paine. How long after the pistol fired, be- 
fore you heard Sergeant Whittaker say the men need not turn out 
for guard? 

Answer. A very few minutes; about five or ten. 



143 



[62] 



Question by Colonel Paine. Where were you at battalion drill of 
the North Carolina regiment on the morning of the 16th of Au- 
gust last? 

Answer. I did not turn out that morning. I was in the camp of 
the company; I did not feel well. 

Question by Colonel Paine. Were you at tattooroll-call the 
night of the 15th of August last; and if not, where were you at 
that time? 

Answer. I was at tattoo roll-call that night. 

Question by' Colonel Paine. How long did you continue sick 
after the morning of the 16th of August last? 

Answer. I did not feel very well that morning, but felt very 
well about the middle of the day. 

Question by Colonel Paine. About what time of the night of the 
16th of August last was it that men of H company* offered to leave 
camp with Lieutenant Singletery? 

Answer. I do not know what time of night; but I know it was 
some time before tattoo; I do not know exactly. 

Question by Colonel Paine. Where was Lieutenant Singletery 
when the men offered to leave camp with him? 

Answer. He was before his tent, on horseback. 

Question by Colonel Paine. For what purpose did the men wish 
to leave camp with Lieutenant Singletery? 

Answer. I do not know; they did not assign any reason. 

First Sergeant H. Bonham, company H, North Carolina volun- 
teers, witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutenant Singletery. Did or did not Sergeant 
Whittaker call on you to act as non-commissioned officer of the 
guard at Colonel Paine's tent on the night of the 15th of August 
last? 

Answer. No; he did not call on me. • 

Question by Lieutenant Singletery. Did you, or not, at any time 
previous to the 16th of August last, ever hear Lieutenag^Singletery 
say anything in abuse or disparagement of Colonel Paine? 

Answer. No; I never heard him speak either one way or the 
other in regard to Colonel Paine. 

Question by Colonel Paine. Where were you at battalion drill of 
the North Carolina regiment on the morning of the 16th of August 
last? 

Answer. I have no recollection whether or not I was on drill 
that morning. I think I was not. I was arrested about that time; 
but whether before or after that day I do not remember. I do not 
recollect whether or not I was sick at the time. 

Question by Colonel Paine. Do you remember any non-commis- 
sioned officer of your (H) company who was sick on the 16th of 
August last, and had been sick for some time before and after that 
day? , 

Answer. Corporal Paschal was sick before that day, on that day 3 
and continued sick some time afterwards. 



[62] 



144 



Question by Lietenant Singletery. Were you, or not, a non-com- 
missioned officer of company Hon the 15th of August last; and if 
so, how long had you been one'? 

Answer. I was anon-commissioned officer on that day. I had 
been appointed one at Smithsville, North Carolina. 

Corporal Wiley Harding, company H, North Carolina volun- 
teers, witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutenant Singletery. Were you a non-commis- 
sioned officer of company H on the 15th of August last; and did, or 
did not, Sergeant Whittaker call on you to act as non-commissioned 
officer of the guard at Colonel Paine's that night? 

Answer. I was a non-commissioned officer of that company; on 
that night Sergeant Whittaker did call on me to act as non-com- 
missioned officer of the guard at Colonel Paine's tent that night. 

Question by Lieutenant Singletery. What passed between you 
and Sergeant Whittaker at that time? 

Answer. I told him I had just come off guard that morning, and 
had felt unwell the whole day; and that I could not attend. He 
then passed on towards Corporal Davis's tent. 

Question by Lieutenant Singletery. Did you or not, at any time 
previous to the 16th of August last, ever hear Lieutenant Singletery 
say anything in abuse or disparagement of Colonel Paine? 

Answer. No; I never did. 

Question by Colonel Paine., Were you at battalion drill on the 
morning of the 16th of August? 

Answer. I cannot say whether I was on battalion drill or not. 
If I ha-d not been on guard the night previous I always attended 
drill, and was never absent from drill except under such circum- 
stances. 

Question by Colonel Paine. Do you know any non-commissioned 
officer of your company (H) who was sick on the 16th of August 
last, and w^io had been sick some time previous, and continued sick 
for sometime after that day? 

Answer^(p); I do not. On reflection, I do recollect that Cor- 
poral Paschal had been sick for some time, was so at that time, and 
continued so for some time afterwards. 

Question by Colonel Paine. Do you know where Corporal Gor- 
mon, of your company, (H,) was at the time of the disturbance, on 
the night of the 15th of August last? 

Answer. He was in Montery, I think. We left him there. 

Corporal R. E. Paschal, company H, North Carolina volunteers, 
witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutenant Singletery. Were you, or not, a non-com- 
missioned officer of company H on the 15th of August last; and did, 
or did not, Sergeant Whittaker call on you to act asnon- commis- 
sioned officer of the guard at Colonel Paine's tent that night? 

Answer. I was a non-commissioned officer on that night. I was 
not called on by Sergeant Whittaker for that duty. 



145 [ 62 ] 

Question by Lieutenant Singletery. Did you, or not, at any time 
previous to the 16th of August last, ever hear Lieutenant Single- 
tery say any thing in abuse or disparagement of Colonel Paine? 

Answer. No, I never heard anything at all. 

Question by Colonel Paine. Were you sick on the night of the 
15th of August last, and if so, how long had you been sick, and 
how long did you continue sick after that day? 

Answer. I was sick at that time, and had been on the sick list 
since the 6th of July, I think, and I returned to duty about the 
25th of September. 

First Lieutenant Josiah S. Pender, North Carolina volunteers, 
witness, called at the request of Lieutenant Singletery, duly sworn. 

Question by Lieutenant Singletery. Did, or did not, the number 
of men who turned out for drill at Buena Vista, vary very much 
from day to day, and if so, about how much? 

Answer. The number on drill did vary very much, some days 
there would be a fourth more of a company on drill than on others; 
I know that was the case with my own and Lieutenant Singletery's 
company, as well as with the others. I had more opportunity of 
remarking it in the right wing, but I also noticed it in the left. 

Question by Lieutenant Singletery^. Where was company H sta- 
tioned in the line, and on drill and parade? 

Answer. It was stationed part of the tim« on the left flank, and 
part of the time on the right flank. Its position was changed -from 
the left to the right, while at Buena Vista, but at what time I do 
not recollect; I think not long after our arrival at Buena Vista. 

Question by Lieutenant Singletery. Were you at the North Caro- 
lina camp at Arispa's Mills on Sunday the 27th of February last, 
and if so, what occurred there? 

Answer. I was there on Sunday last, the 27th of February. Lieu- 
tenant Singletery gave a dinner to the officers in celebration of his 
twenty-first birth day. After dinner, Adjutant Whittaker came out 
from town, accompanied by two Mexicans. The companies were 
called into line, for the purpose of discovering some so!<S&fs of the 
North Carolina regiment, who, as I understood, had been to a fan- 
dango. The Mexicans were brought out for the purpose of recog- 
nizing them. They were invited by the officers, with whom one of 
them appeared to be a favorite, to drink. They had previously 
taken one drink on their arrival, and the adjutant forbid their drink- 
ing any more, saying they were his prisoners. Lieutenant Nash 
said, he would be damned if they "should not, if they wanted to. 
The adjutant repeated that they should not^ as they were his pri- 
soners. Something was said by Lieutenant Nash about the compa- 
nies being inspectedv by Mexican prisoners, and Lieutenant Nash 
remarked to his men standing hy 7 c - consider yourselves not in- 
spected." The adjutant found one or two .men he was in search of, 
and returned to town with them. 

Question by Lieutenant Singletery. Did Lieutenant Singletery 
s^y anything to the adjutant about the Mexicans drinking? 

Answer. No. 



L62] 



146 



JFirst Sergeant Jacob Fox, company A, North Carolina volun- 
teers, called at the request of Lieutenant Pender, previously sworn. 

Question by Lieutenant Pender. Do s you know where Lieutenant 
Pender was on the night of the 15th of August last, previous to 
the firing of the pistol, and if so, state where? -v. 

Answ-er. I do not know where he was; I was sick in my tent. 

Question by Lieutenant Pender. Who was in command of Lieu- 
tenant Pender's company, A, on the night of the 15th of August 
last. 

Answer. Lieutenant Hyatt. 

Question by Lieutenant Pender. Do you know, and if so, state 
what was Lieutenant Pender's conduct on the night of the 15th of 
August last? 

Answer. After the pistol was fired, the companies were turned 
out. I got up and put on my clothes, and when I got out, all the 
men of the company were in line. They brought the man that was 
shot to our rear; he was hallooing, and I saw a number of the 
company went to the tent where the wounded man was. The men 
then returned to the company parade, and fell in again. They 
stood in line until we were ordered to break ranks. I think the 
order- was given by Major Stokes. After the ranks were broken, 
Lieutenant Pender came to my tent, and told me he wanted me to 
go round and tell all the men they must turn out promptly, if called 
upon. I told him that I was sick, and did not feel able to go, and 
that he must call upon Sergeant Pittnaw. Lieutenant Pender then 
remarked, u I had forgotten you* were sick, and I will go myself." 
He was gone long enough, I should think, to go round to all the 
tents, when he came back to my tent. He told me he had been 
round, and told the men that if they were called on to turn out 
promptly, that he would keep them out of the difficulty, if he could. 

Question by Lieutenant Pender. Was not Lieutenant Pender al- 
ways strict in the discipline of his company, exacting prompt and 
ready obedience at all times? 

Answer.^ Yes. 

Question by Lieutenant Pender. Have you ever observed in Lieu- 
tenant Pender any remissness in the performance of any duty ap- 
pertaining to his company? 

Answer. No. 

Question by Lieutenant Pender. Do you, or not, know that Lieu- 
tenant Pender has been attentive to the diet of his company, and to 
the manner in which it was cooked? 

Answer. Yes. 

Question by Lieutenant Pender. Have you not known Lieuten- 
ant Pender to send the cooks to the provost guard for not cooking 
the food for the company in a proper manner? 

Answer. I have. 

Question by Lieutenant Pender. Was not Lieutenant Pender's 
attention to the sick of his company unremitting? 

Answer. He did not visit the sick as Captain Buck does, but he 
used to send as good food as he had himself; have known him to 



147 [ 62 ] 

buy chickens for them, and take men who were very sick into his 
tent; and instances have occurred of sick men dying in his tent. 

Question by Lieutenant Pender. Do you, or not, know that 
Lieutenant Pender ever permitted any familiarity with the men of 
his company, and was it not his peremptory orders that the men 
should not lounge in or about his tent, and were those orders ob- 
served? ' 

Answer. He did not permit the men to be familiar with him, and 
his orders were that they should not lounge in or about his tent ? 
and those orders were enforced. 

Question by Lieutenant Pender. Has not Lieutenant Pender ex- 
acted of the men the utmost respect due him as commander, and 
has not this respect been manifested on all occasions'? 

Answer. He has, and this respect has been manifested on all oc- 
casions. 

Question by Lieutenant Pender. Has, or not, Lieutenant Pen- 
der frequently spoken to his company relative to their duties as 
soldiers, to be obedient to orders, attentive to drills, to regard each 
other as brothers, and never be guilty of wrangling or quarrelling 
with any one, more particularly among themselves; that their con- 
duct as soldiers and men might reflect honor on old Edgecombe'? 

Answer. He has. 

Question by Lieutenant Pender. Has, or not, Lieutenant Pender 
on all occasions endeavored to stimulate the men to do their duty 
in every respect, promptly and cheerfully; that this could not be in 
the lea.^t derogatory to their character as men, but commendable'? 

Answer. He has. 

Question by Lieutenant Pender. Has, or not, Lieutenant Pen- 
der's company always expressed the greatest confidence in me as 
commander'? . 

Answer. It has. 

Question by Lieutenant Pender. Was not Lieutenant Pender the 
unanimous choice of the company for captain when he was dis- 
charged? 

Answer. He was not the unanimous choice of the company. I 
would not have voted for him myself, but I thought he was the 
choice of a majority of the company. 

Question by Lieutenant Pender. How long after my discharge 
before an election was held for captain and lieutenant 1 ? 

Answer. I cannot tell exactly, -but I know it was a very short 
time. 

Question by Lieutenant Pender. Was, or not, a lieutenant trans- 
ferred to the company but a short time previous to the 15th of Au- 
gust? 

Answer. Yes, Second Lieutenant Hyatt. 

Question by Lieutenant Pender. Was there, o"r not, less disturb- 
ance and more order observed among the men of Lieutenant Pen- 
der's (A) company while he was in command than since? 

Answer. It was more orderly before the detachment which was 
transferred to the company with Lieutenant Hyatt than it has been 
since. I attribute the change to these men. 



[62] 



148 



Question by Lieutenant Pender. Was there any manifestation of 
disorder among the detachment while I was in command? 

Answer. There were none while Lieutenant Pender was in com- 
mand. 

Question by Lieutenant Pender. Did 5 or did not, Captain Buck 
say to the men of A company that the colonel had disliked the com- 
pany while Lieutenant Pender was in commandj but since he (Cap- 
tain Buck) was in command it was a favorite company? 

Answer. Some short time after Lieutenant Pender was dis- 
charged Sergeant Williams came to town to see Lieutenant Pender. 
On his return he brought a paper into camp for a recommendation 
from the company in favor of Lieutenant Pender, signed by Ser- 
geant Williams and Corporal Abrams. Williams handed it to me 
to sign, which J did. The next morning, Sergeant Williams went 
after wood, and left the paper with Private James Brasewell for the 
men to sign it. They carried it to Captain Buck to show it to him; 
the captain carried it to the colonel, and he sent it to General Wool, 
as I understood, from the captain. The captain then got us all in 
line and reprimanded us for signing the paper; that General Wool 
considered itmutinous,and that he (Captain Buck) would be the last 
man that would give Lieutenant Pender a recommendation, if it lay 
in his power to do so. He then went on to state that Colonel Paine 
had once despised the company, but now it was getting the favorite 
company in the regiment. 

Question by Lieutenant Pender. How many days was this after 
Captain Buck took command of A company? 

Answer. I cannot tell how many days; I think it might have 
been a week, but I do not think it was a fortnight. 

Question by Lieutenant Pender. Do you know, and if so, state 
what was the purport of the paper spoken of in the question before 
the last? 

Answer. It was a recommendation by the company in behalf of 
the good character and standing of Lieutenant Pender. - 

Question by Lieutenant Pender. Do you, or not, know that Ja- 
son Hunter, of A company, discharged for mutiny, refused to guard 
the wooden horse, and state what he said and did on that occasion'? 

Answer. The sergeant major came down and asked Sergeant Pitt 
if he had a man in the company by the name of Hunter? Pitt's 
reply was, that he had; and the sergeant major then told him the 
colonel wanted him (Hunter) to stand guard. I heard Hunter reply 
that he did not come to Mexico to guard a wooden horse. I then 
spoke to him, and told him the colonel did not want him to guard 
the wooden horse, but to guard his tent; his reply was to me, that 
if that was what he wanted u with me" I will go. 

Question by Lieutenant Pender. Do you, or not, know that there 
were any manifestations in A company to disobedience of orders 
on the night of 15th August last? 

Answer. There were no manifestations. 

Second Lieutenant R. S. Pitt, North Carolina regiment, witness, 
called at the request of Lieutenant Pender, duly sworn. 



149 [ 62 ] 

Question by Lieutenant Pender. Do you know, and if so, state 
where Lieutenant Pender was on the night of the 15th August last, 
previous to the firing of the pistol'? 
Answer. I do not know. 

Question by Lieutenant Pender. Did Lieutenant Pender's com- 
pany, A, turn out immediately according to orders after the firing of 
the pistol? 

Answer. It did. 

Question by Lieutenant Pender. Did you perceive in Lieutenant 
Pender's company. A, any manifestations of mutinous conduct or 
disposition to disobey orders on the night of the 15th August last? 
Answer. There was a man by the name of Jason Hunter who 
said, "boys, there will be a guard called out- let us stick up to 
each other and not guard it." No person gave him an answer, that 
I heard of. He was the only man I heard say any thing about it. 
I was the acting sergeant of A company at the time. I saw no dis- 
position on the part of any other man of the company to disobey 
orders on that occasion. 

Question by Lieutenant Pender. Was Hunter's conduct reported 
to Lieutenant Pender, or have you any reason to believe Lieu- 
tenant Pender was aware of his conduct in the company'? 

Answer. I did not report his conduct to Lieutenant Pender, and 
I had no reason to believe Lieutenant Pender was aware of it. 

Question by Lieutenant Ponder. Who was orderly sergeant, at 
the time of the occurrence on the 15th of August last? 
Answer. Sergeant Fox was. 
^Question by Lieutenant Pender. Do you know, and if so, state 
what was Lieutenant Pender's conduct on the night of the 15th of 
August last? 

Answer. After the fracas was over, he. came round and told all 
the men to stay in their tents. That he expected there would be 
another difficulty before morning, and he wanted them to remain 
in their tents and not come out into the streets. That one of the 
men of the company had been out, and unfortunately got shot for 
being absent. That if there was another disturbance before morn- 
ing, he would be with the company, and would not lead them to 
get into any difficulty. I told him I would stay in my tent, and I 
did so all night. 

Question by Lieutenant Pender. What is Lieutenant Pender's 
character as an officer and disciplinarian? 

Answer. I never have heard any complaints against him. I 
think he is a very good officer. 

Question by Lieutenant Pender. Have you ever perceived any 
familiarity in Lieutenant Pender, with the soldiers of the company? 
Answer. He is not as familiar with his men as I have seen other 
officers, nor with anybody else. 

Question by Lieutenant Pender. Was, or was not, the sickness 
in A company so great, that on one occasion, while at Cerralvo, 
there were not men enough to bury a soldier of the company? 
Answer. There was one time, while the company was at Cerralvo ? 



[62] 



150 



not men enough for duty, taking out the guard detail, to form a 
funeral escort for the dead. 

Question by Lieutenant Pender. Did you witness, on morning drill 
parade, somewhere about the 14th August, '47, the colonel chastise 
Private John Barns, and if so, state what the colonel said and 
did? 

Answer. I do not recollect the time, but I remember that on one 
occasion the colonel came up to Private Barns, and struck him 
about his belly with his sword. The colonel then went off a few 
paces, and turned towards Barns, and said "God damn you, are 
you ma^? next time I will give you something to be mad at." I 
understoo i the reason the colonel struck him was because he had 
his hand in his pocket. 

Question by Colonel .Paine. Did you know whether or not 
Barns was hurt by the blow the colonel gave him'? 

Answer. I never heard any complaint from Barns, or any one 
else, of his being hurt by. the blow. 

Question by Colonel Paine. Did you hear any complaint made 
in your company, A, about Colonel Paine having struck Private 
Barns for 'having his hand in his pocket? ., 

Answer. Yes, I heard Lieutenant Pender complain of it, and 
that he meant to report him. It was in Lieutenant Pender's tent, 
and there were present, at the time, some persons belonging to the 
regiment, but whether they were non-commissioned, privates, or 
ofncers^I do not recollect. Lieutenant Pender said he had no 
right to strike a private; that a private, in that respect, was on the 
same footing as an officer. 

Question by Colonel Paine. Do you remember whether Colonel 
Paine had, or had not, ordered men of the regiment to take their 
hands out of their pockets on drill, before Barns was struck? 

Answer. I had heard the colonel, when on battalion drill, order 
the men to keep their hands out of their pockets; previous to that 
time the mornings were very cold. 

Question by Colonel Paine. How long after the fracas, on the 
night of the 15th of August last, was over, as you stated, before 
you saw Lieutenant Pender? 

Answer. It was about fifteen or twenty minutes after the com- 
panies were dismissed. 

Question by Colonel Paine. Had you seen Lieutenant Pender, 
and at what time, on the night of the 15th of August last, be- 
fore the companies which had been ordered out, were dismissed? - 

Answer. I do not think I did. 

Question by Colonel Paine. Were the feelings of yourself, or 
the men of company A, embittered towards Colonel Paine, on the 
night of the fracas of which you spoke? 

Answer. Mine were not, nor do I know that any of the company 
were; did not hear any of the men speak about Colonel Paine, ex- 
cept Hunter, before mentioned. 

The court adjourned at 10 o'clock, p. m., to meet to-morrow at 
half past 9 o'clock, a. m. 



151 [ 62 ] 

THIRTY-THIRD DAY. 

Saltillo, Mexico, 
Saturday^ March 4, 1848. 

The court met pursuant to adjournment. 

Present: all the members and the judge advocate, recorder. 

Lieutenant Pender here submitted, under oath, to the court the 
following written statement: 

I would wish to make a few remarks, relative to the intercourse 
with the men of my company. I can say, with propriety, that I 
have never indulged in any familiarity with my men; on the con- 
trary, I have often given offence to those who were once my play- 
mates, by forbidding this familiarity; and I but rarely converse 
w T ith any of them, except on affairs relative to their duty as sol- 
diers; and it was my positive orders that no soldier or soldiers 
should lounge in or about my tent. 

I have, on some occasions, when, if men of my company became 
seriously ill, taken them into my tent, and had them nursed in a 
proper manner— and this was at the time when we had so many 
sick in the regiment, they could not have the attention elsewhere I 
desired. On another occasion, the Indians were committing some 
depredations in the vicinity of San Francisco, and the adjutant 
came to me and asked how many men would turn out to go on an 
expedition after them'? From his manner, I concluded he wanted 
a few select men, such as desired to go. I replied, I would ascer- 
tain and inform him; I informed the company that some men were 
wanted, and for what purpose they were wanted, and demanded of 
them how many wished to go? They replied they all wished to 
go, if I could go with them; I replied that I was not ordered to 
go, but would make the request of Colonel Paine; I made this re- 
quest, saying that my whole company desired to go, if 1 could go 
with them; the colonel replied, very harshly, that he did not con- 
sult mine or their wishes— that he did not wish the men to fight 
for me, he wished them to fight for him; I replied, that I had no 
doubt .they would do so, but that I considered myself the connect- 
ing link — that I would fight for him and my men should fight for 
me. Being aware that many complaints existed among the officers 
and men, relative to Colonel Paine's conduct, on different occa- 
sioss, and being informed that charges had been preferred against 
him, ..in some instances, and not regarded, I was desirous that these 
complaints should be properly investigated, for the maintaining the 
rights of officers, as guaranteed by the regulations. Being informed 
that their proper rights had been disregarded in this respect, I, on 
the presentation of the paper, signed the paper v E," not as en- 
dorsing the individual causes of complaint therein enumerated, (not 
being present when they transpired,) but from the representation 
of different officers. I regarded his (Colonel Paine's) conduct, thus 
represented, as tyrannical and overbearing, and considered it but 
justice to all parties concerned to have the matter properly inves- 



[62] 



152 



tigated. After a more than sufficient lapse of time, no information 
having been received from General Taylor relative to these com- 
plaints, and the discontent becoming more and more glaring, I 
found, that if some means were not laken to allay these discon- 
tents, that the character our regiment iiad so universally sustained 
for harmony and good order must fall a sacrifice to them, in some 
overt act on the part of our regiment subversive of military order. 
In consideration of these circumstances, I was induced to sign the 
paper requesting the colonel to resign, intending it as a warning of 
the discontent in the regiment, that he might, after mature reflec- 
tion, take proper means to quiet those discontents by an investiga- 
tion, a change of conduct, or by resigning, as he should deem the 
circumstances of the case might require, disclaiming all intentions 
of a mutinous or seditious character. 

Colonel Paine requested to make a statement, in reference to a 
portion of the preceding statement of Lieutenant Pender, as follows: 

I remember well the circumstances alluded to by Lieutenant 
Pender, in reference to detailing men to go in pursuit of some In- 
dians. We were encamped at the time near Camargo. I had just 
arrived with my command from Monterey, when I received a note 
from the quartermaster at Camargo, informing me that the Ca- 
manche Indians had made an incursion in considerable force into 
the country, near the quartermaster's depot at San Francisco, about 
fourteen miles below Camargo, on the Rio Grande*; stating his ap- 
prehension for the safety of the stores which were there, and his 
inability to obtain assistance from any other quarter, and that he 
was forced to apply to me for that assistance. Supposing that there 
might be some chance for an engagement, and being desirous that 
apportion of all the companies that were there with me might take 
part in the enterprise, I directed the adjutant to see what number 
of men could be detailed from certain companies, (there were a 
great many sick.) and directed a detail to be made from company 
A, w T hich Lieutenant Pender commanded, it being one of the com- 
panies. The adjutant reported to me, that Lieutenant Pender said 
his men were not willing to go unless he went with them. I im- 
mediately called on Lieutenant Pender to know the meaning of it, 
and stated to him, that when I gave an order, that I did not leave 
it to the discretion of the officers of my regiment to consu't the 
wishes of their men, as to whether they would obey the order or not; 
that I did not want the men to be willing to fight when he desired 
it, but when I ordered it. I do not know that I should use too 
strong an expression in saying, that I felt disgusted at the conduct 
of Lieutenant Pender on this occasion, for it was not the first time 
that he had shown a disposition rather to obey his own inclinations 
than to discharge the duty required of him. With this feeling, 
abandoning the determination I had first formed, of taking any por- 
tion of the detail from the company A, I determined, at once, to 
call upon officers whom I knew would assume proper command 
over their men, and I accordingly sent an order to Captains Shive 
and Williamson— the latter of whom had just arrived with me with 
his company from Monterey— to prepare forthwith to march with 



153 [ 62 ] 

their companies; the order was instantly obeyed, and they had set 
out on the march when I met a messenger from the quartermaster, 
and from him I learned that I would not probably need so large a 
command as two companies. 

I however marched both companies down to the San Juan, and 
went myself, or sent the adjutant, to learn if the message I had 
received was correct. I was informed by the quartermaster that 
one company would be sufficient; and in consequence of the fatigue 
Captain Williamson's company had undergone, by the day's march, 
I took with me Captain Shive and his company. I crossed the 
river, and marched to San Francisco, about two o'clock the next 
morning. On arriving there I learned that the Indians were in the 
neighborhood. I started off very early the next morning, accom- 
panied by my sergeant-major, with a small command of men of the 
company, mounted for the purpose, with orders to proceed through 
the country as far as old Reynosa; and another command of about 
ten men went down the bank of the river on foot. About sunrise 
we discovered that the Indians had just re-crossed the river, in con- 
siderable force. I remained there until the sergeant-major returned, 
and informed me that he could find* nothing, when I returned to 
Camargo, leaving Captain Shive and his company atCamargo depot. 
I state, further, that I have had occasion since — I do not remember 
how often — to speak to Lieutenant Pender about having his tent 
full of the men of his company. I cannot undertake to say that 
this familiarity went further than the mere association. I told 
Lieutenant Pender that I had no objection, but, on the contrary, 
was pleased that officers should always show kindness and attention 
to their men; and, if they were very sick, I had no objection, if 
an officer thought it necessary, that a private should be brought 
into his tent, to be nursed; nor had I any objection to a non-com- 
missioned officer or private coming into the officers' tents, provided 
they were made to show proper respect to the officer while they 
were there; but that I would not allow, if I could possibly prevent 
it, that the men should come into the tents of the officers, unless 
they were made to pay that respect that was due to the officer, 
which, on the occasions I have alluded to, was not exhibited. 

I desire further to state, in explanation of a remark made in my 
testimony on a former day, in relation to the intercourse between 
the officers and men of the regiment, that I intended to apply those 
remarks only to the officers who were with me at Buena Vista. I 
will state, further, that there were some commanding officers of 
companies who were there, to whom the remarks now referred to 
may not apply, in so broad a sense as given in my previous testi- 
mony; for there were some commanding officers who, though they 
may not justly fall within the scope of my remarks, to the extent 
they were given, nevertheless did not exercise proper authority 
over the subaltern officers of their companies, to break up the in- 
tercourse which existed between the subalterns and the men of the 
company. 

Second Lieutenant S. W. Hyatt, company A, North Carolina 

M - 



[62] 



154 



regiment, witness, called at the request of Lieutenant Pender, duly- 
sworn. 

Question by Lieutenant Pender. Where was Lieutenant Pender 
on the night of the* 15th of August last, previous to the firing of 
the pistol'? 

Answer. He was in Captain Pender's tent. 

Question by Lieutenant Pender. What other person or persons 
were in Captain Pender's tent? 

Answer. Captain Pender and the quartermaster-sergeant, Buttle, 
were there, and, if I am not mistaken, Major Stokes was there. 

Question by Lieutenant Pender. Who was in command of A com- 
pany on the night of the 15th of August last? 

Answer. I was in command. 

Question by Lieutenant Pender. Do you or not know that Lieu- 
tenant Pender knew nothing of the disturbance, till the firing of 
the pistol? 

Answer. I have no idea. 

Question by Lieutenant Pender. Was not the order to turn out 
promptly obeyed, and did not the company remain in ranks until 
ordered to be dismissed? 

Answer. When the order was given to turn out, Lieutenant 
Pender told me to turn out the company, and I did so. They 
turned out promptly, and formed line, and about the time they did 
so, Bradley (the man shot) was brought into our street, and I told 
some of the company to assist in carrying him to his tent. Some 
of the men, at that time, probably broke line. Soon as Bradley 
was put into a tent, I ordered the men into line again, and they 
formed accordingly. The company remained in line until a voice, 
which I took for that of Major Stokes, ordered the company to be 
dismissed. 

Question- by Lieutenant Pender. When the men were dismissed, 
did you or not hear Lieutenant Pender give the men other orders 
and instructions; and if -so, what were they? 

Answer. He went round to the tents and told the men to remain 
in their tents, and if they were ordered to turn out again to do so 
promptly; that he did not want his men to get into any difficulty, 
as Bradley had got shot for being absent from his tent. He also 
ordered me to go round and advise the men to stay in their tents, 
which I did. 

Question by Lieutenant Pender. Did or did not Lieutenant Pen- 
der remain in his company quarters from the firing of the pistol till 
quite late at night? 

Answer. Yes, he did. 

Question. Was there any manifestation of mutiny or disobedi- 
ence of orders in Lieutenant Pender's company, A, on the night of 
the 15th August, 1847? 

Answer. Not to my knowledge. 

Question by Lieutenant Pender. Did or did not Lieutenant Pen- 
der perform all that could have been required of him on this occa- 
sion, promptly? 



155 [ 62 ] 



\ 



Answer. I think he did. 

Question by Lieutenant Pender. Did you, or not, ever know Lieu- 
tenant Pender to neglect any duty as an officer'? 

Answer. I did not, while I had been in the company. I have 
not been in the company long; something like a month. 

Question by Lieutenant Pender. Did or did not Colonel Paine 
speak to Lieutenant Pitt about the men setting in his tent; and 
have you ever heard Colonel Paine speaking to Lieutenant Pender 
on this subject? 

Answer. Yes, I heard Colonel Paine speak to Lieutenant Pitt on 
this subject at Arispa's Mills. I never heard of Colonel Paine 
speaking to Lieutenant Pender about men sitting in his tent. 

Question by Lieutenant Pender. Have you, or not, ever witnessed 
any familiarity in me towards the men of the company'? 

Answer. I never did know Lieutenant Pender to be familiar 
with his men, more than I thought was his duty. 

Question by Lieutenant Pender. Do you, or not, consider Lieuten- 
ant Pender as capable of commanding a company as any officer in 
the regiment? 

Answer. I think he is. 

Question by Colonel Paine. Do you, or not, remember that Colo- 
nel Paine passed the quartermaster's tent about dusk on the eve- 
ning of 15th August last, and called the adjutant as he passed? 

Answer. I think he did. I thought it was Colonel Paine's voice, 
and I looked out of the tent and saw some person going down to- 
wards the Virginia camp. The colonel was at my tent that night, 
but I cannot say how long it was after he passed the quartermas- 
ter's tent. We had some conversation in my tent, but I do not 
recollect distinctly what it was. 

Question by Lieutenant Pender. Were you, or not, acquainted 
with A. H. Bradley, the man who was shot on the night of the 
15th of August last; if so, state what his character was? 

Answer.** had been acquainted with him some two or three 
years. His character was good, as far as I knew— -a very inoffen- 
sive young man. 

Lieutenant and Adjutant Whittaker, North Carolina regiment, 
was recalled at his own request, to correct a portion of his testi- 
mony, given on Wednesday last. I desire to state that it was 
Lieutenant Nash who used the expression, he would be damned if 
they should not drink, if they wanted to, and not Lieutenant Sin- 
gletery, as then given. The mistake was merely one of names, the 
remainder of the testimony is correct. 

Sergeant Louis D. Johnson, of company A, North Carolina vol- 
unteers, witness, called at the request of Lieutenant Pender, duly 
sworn: 

Question by Lieutenant Pender. Did you, or not, hear Captain 
Buck speak of Colonel Paine in connexion with Lieutenant Pen- 
der; and if s-o, what and where was it? 

Answer. I recollect hearing Captain Buck say something about 
the company one evening. He said something about the paper 



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156 



which was got up in the company. He said that such papers were 
considered mutinous, and that Colonel Paine had once disliked the 
company j hut that it was coming to be a favorite one. The company 
was on drill at the time. — 

Major G. H. Wilder, paymaster United States army, witness, 
called at the request of Lieutenant Pender, duly sworn: 

Question by Lieutenant Pender. Did or did you not, on one oc- 
casion, hear Colonel Paine say that he intended that Lieutenant 
Pender never should be captain of A company, and please state 
what called for this remark? 

Answer. I can only answer according to my recollection. Some 
time during the month of last October, I think, I was at Colonel 
Paine's tent, near Arispa's Mills, a conversation arose about an ar- 
ticle in the lt Tarborough Press," in which article was a remark, 
that it seemed Colonel Paine never intended Lieutenant Pender 
should be captain of that company. Colonel Paine jocosely re- 
marked, that the inventor of that article guessed well. 

Question by Colonel Paine. When did you first visit the camp 
of the North Carolina volunteers at Arispa's mills, and what was 
the state of discipline in which you found the regiment at and since 
that time? 

Answer. I visited there the first time early in October last, and 
have frequently visited there since — once remaining near a fort- 
night. At all times I found the discipline and order of the regi- 
ment remarkably good. 

Question by Colonel Paine. Will you state what (from your ob- 
servation) has been the manner in which Colonel Paine discharged 
his duties as an officer? 

Answer. I think that Colonel Paine discharged his duties as an 
officer exceedingly well. 

The court *took a recess until 2 o'clock, p. m. 

Captain W. E. Kirkpatrick, North Carolina volunteers, witness, 
called at the request of Lieutenant Singletery, duly sworn. 

Question by Lieutenant Singletery. In signing the letter of com- 
plaint to General Taylor, did you, or not, conscientiously believe 
that it was just, and have you since changed your opinions, except- 
ing the words \\ secretly attempting to destroy their authority over 
the men"? 

Answer. I did believe it was just at the time. I have somewhat 
changed my opinions on the subject lately. 

Question by Lieutenant Singletery. Examine the paper E, and 
state in what respect you have changed your opinions? 

Answer. I have changed my opinion in regard to private Thomp- 
son — I now believe that he was justly punished; and I have 
changed my opinion in regard to the expression u secretly attempt- 
ing to destroy their authority over the men" used in the letter. I 
do not now believe that Colonel Paine did secretly attempt to de- 
stroy the authority of the officers over their men. 



157 [ 62 ] 

Question by Lieutenant Singletery. Are Captains Roberts and 
Blalock, signers of that paper, now in the regiment'? 

Answer. They are not. 

Question by Lieutenant Singletery. Did you, or not, ever hear 
Colonel Paine curse a commissioned officer of the regiment; and 
if so, state when and what it was he said? 

Answer. I never did. 

Question by Colonel Paine. What part of the letter to General 
Taylor, referred to, do you know to be true? 

Answer. I know nothing of the facts alleged in the paper of my 
own knowledge. 

Question by Colonel Paine. Have you, or not, told Colonel 
Paine, in explanation of your signing the letter to General Taylor, 
which you have just examined, that you only signed it because you 
thought you were doing justice to your man, private Thompson, of 
I company. 

Answer. I think I did; am satisfied of it. 

Question by Colonel Paine. Did you, or not, come into the tent 
of Colonel Paine at Buena Vista on the day after you had signed 
the paper, calling upon Colonel Paine to surrender his commission, 
and say to Colonel Paine that you signed that paper solely out of 
regard to Colonel Paine's personal safety? 

Answer. I called on Colonel Paine, and found him, as I thought, 
much distressed in mind, and I did tell him that I had not signed 
the paper for any mutinous intention, but on account of his personal 
safety. I thought it would be for the good of the regiment. 

Question by Colonel Paine. If you have any reason now to be- 
lieve any portion of the letter to General Taylor to be true, will 
you state what portion of it you believe to be true, and your rea- 
sons for so believing? 

Answer. I now believe so much conta : ned in the paper as related 
to Colonel Paine's arresting officers for slight and trivial causes, 
and to habitually treating his officers with disrespect; but this be- 
lief is founded on hearsay, and not on anything I know myself. 

Question by Colonel Paine. Who told you that Colonel Paine 
had, in several instances, placed officers in arrest for the most 
trifling causes? 

Answer. Several; it was a common report all over camp. The 
first instance, I recollect, was that of Lieutenant Singletery, who 
was placed in close arrest for merely demanding a trial, as was re- 
ported in camp. 

Question by Colonel Paine. Will you state whether or not you 
have heard Lieutenant Singletery say that Colonel Paine had placed 
him in close arrest, or in arrest, for asking a trial by court martial? 

Answer. Yes, I think I did, and I think I heard several other 
officers say the same. 

Question by Colonel Paine. Who called upon you to sign the 
letter, calling upon Colonel Paine to surrender his commission on 
the 16th of August last? 

Answer. Lieutenant Pender handed me the paper in Lieutenant 
Singletery's tent. 



[62] 



158 



Question by Lieutenant Singletery. Did you, or not, when you 
made the explanation to Colonel Paine, of which you first spoke, 
bear in mind the whole contents of the letter to General Taylo? 

Answer. I only referred to Thompson. I had not in mind the 
whole contents of the letter. . 

Question by Lieutenant Singletery. Did you, or not, have ample 
opportunities for judging of the justice of as much of that letter 
as follows the words u but it is not these things, though most 
laring?" 

Answer. I cannot say that I had. 

Question by Lieutenant Singletery. Were you ever absent from 
the camp, except on such duty as devolved on other officers? 

Answer. I was not. 

Question by Colonel Paine. When the conversation ensued about 
signing the paper, calling on Colonel Paine to surrender his com- 
mission, did you or not tell Colonel Paine that you yourself had 
no cause o£ complaint against, him as commander of the regi- 
ment? 

Answer. I cannot recollect whether I did or not. I. had none 
then and have none now. 

First Lieutenant D. S. Johnson, North Carolina regiment, witness, 
called at the request of Lieutenant Singletery, duly sworn. 

Question by Lieutenant Singletery. Did you, or not, ever hear 
Colonel Paine order Lieutenant Singletery in arrest, and if so, 
what were his words; in what tone did he speak, and where did 
this occur? 

Answer. Once at Buena Vista I heard him remark that Lieu- 
tenant Singletery was in arrest, in close arrest; he spoke in a loud 
voice. I do not recollect the date, but it occurred on the occasion 
when Lieutenant Singletery asked to be tried. 

, Question by Lieutenant Singletery. In signing the letter of com 
plaint to General Taylor, dated August 7th, did you, or jiot, consci- 
entiously believe that it was just, and in what respect have you 
since changed your opinions, if in any? 

Answer. That portion of the letter which refers to "secretly 
attempting to destroy the influence of the officers over their men, n 
I objected to at the time. I signed the letter conscientiously, with 
that exception, and I have not since changed my opinion. 

Question by Colonel Paine. Did you hear Lieutenant Singletery 
ask of Colonel Paine a trial by court martial? 

Answer. I did not. 

Question by Colonel Paine. What part of the letter to General 
Taylor, spoken of, do you know to be true? 

Answer. That part relating to Thompson I pointed out. I wit- 
nessed the occurrence and believe the facts are correct as stated; 
also that fact in relation to placing officers in arrest for slight and 
trivial causes, and in reference to so much as relates to treating his 
officers with the greatest disrespect, I state I have known several 
instances. 

Question by Colonel Paine. Had you any agency in arranging 



159 [62] 

the accusations, or in getting up the letter of complaint to Genera 
Taylor, against Colonel Paine] -y 

Answer. I had heard the matter spoken of, and after the letter 
was written off it was handed to me for such alteration as I thought 
necessary; that was the time I objected to the part I have before 
referred to. 

Question by Colonel Paine. What occurrences set forth as facts, 
in the letter to General Taylor, did you furnish for complaint 
against Colonel Paine? 

Answer. None. 

Question by Colonel Paine. Was the letter written to General 
Taylor without any previous conference with you on the subject, 
and where did you sign it? 

Answer. There had been previous, conversations about it, but I 
did not know that the letter was written until it was presented to 
me; I signed it in Lieutenant Singletery's tent. 

Question by Colonel Paine. At whose request or suggestion did 
you sign the letter to General Taylor? 

Answer. The paper was presented to me by Lieutenant Single- 
tery for signature. 

Question by Colonel Paine. With whom did you have any con- 
versation about writing the letter to General Taylor, before it was 
written? 

Answer. I had conversation on the subject with Lieutenant 
Singletery and with Captain Price, prior to his leaving; he was ab • 
sent at the time the letter was signed. 

Question by Colonel Paine. Who first exhibited to you the 
letter to General Taylor, and to whom did you make the objection 
to the part you have stated? 

Answer. Lieutenant Singletery. 

Question by Lieutenat Singletery. Were you or not persusfl&ed 
into signing the letter to General Taylor by Lieutenant Sin- 
gletery? 

Answer. I was not persuaded. I signed it conscientiously. 

Question by Lieutenant Pender. When Lieutenant Pender was 
placed under arrest for not appearing on drill, having served on 
court martial during the morning, did you or did you not (being 
acting adjutant) tell Lieutenant Pender, on his giving his reason 
for his non-appearance, as sick and unable to go and report him- 
self to the surgeon? 

v Answer. I first gave him the order to go out on drill, and then 
suggested that he must go to the surgeon and get excused, or go 
out on drill. I knew he was unwell, as I have heard him say so, 
and that was the reason I told him to go and get excused, that I 
might carry the report back to the colonel. 

First Lieutenant William McKerrall, North Carolina volunteers, 
witness, called at the request of Lieutenant Singletery, duly 
sworn. 

Question by Lieutenant Singletery. In signing the letter of com- 
int to General Taylor, dated August 7, did you, or not, conscien- 



[62] 



160 



tiously believe that it was just, and in what respect have you 
since changed your opinions in any way? 

Answer. Yes. I thought at the time it was just, except what 
refers to secretly attempting to destroy the influence of the officers 
over the men, about which I had some doubts. I do not know that 
I have changed my opinions. 

Question by Lieutenant Singletery. Were you, or not, persuaded 
into signing the letter to General Taylor, by Lieutenant Sin- 
gletery'? 

Answer. No, I was not. 

Question by Lieutenant Singletery. Have you, or not, observed 
any change in the conduct of Colonel Paine since the 16th of 
August. 

Answer. Yes, I think I have. I do not think he has been so 
rigid with the officers since as he was before. 

Question by Lieutenant Singletery. Please relate the conversa- 
tion you had with General Gushing, on or about the 17th of Au- 
gust last. 

Objected to by a member. The court was closed, and, on its 
reopening, the decision was announced that the question be not 
put, 

Question by Colonel Paine. Where did you first see the letter 
to General Taylor, where did you" sign it, and by whom was it 
presented to you? 

Answer. I received it when I was on guard. I think it was 
presented to me by Lieutenant Staton, and I signed it in the guard 
tent. 

Question by Colonel Paine, Had you any conversation about the 
letter to General Taylor before you signed it, and if so, with 
who*? 

Answer. I had heard it spoken of before it was presented to me. 
I do not remember who the person was I heard speak of it, but 
they were officers of the North Carolina regiment. 

Question by Colonel Paine. What part of the letter to General 
Taylor do you know to be true? 

Answer. Part of what refers to Thompson; I did not see the 
commencement of the scene; and the part which refers to placing 
officers under arrest. In reference to so much as refers to treating 
officers with disrespect, I state that I do not think the colonel 
treated the officers at all times with that respect which was their 
due. 

Question, by Colonel Paine. State what officers, who were placed 
under close arrest, did you see arrested for insignificant causes? 

Answer. Of my own knowledge, I do not know of an officer 
being placed in close arrest for a trivial cause. I only know from 
what I have heard. 

Question by Lieutenant * Singletery. Do you, or not, know that 
Lieutenant Singletery was in close arrest; and did you, or not, hear 
the cause of his arrest, in a manner which satisfied you it was 
trivial? 



161 [ 62 ] 

Answer. Yes; and I did learn it was in a manner that satisfied 
me that it was in a trivial cause, 

Question by Lieutenant Singletery. Was or was not the letter to 
General Taylor signed by any but commanding officers of com- 
panies'? 

Answer. No, not to my knowledge. 

Question by Colonel Paine. For what cause did you learn Lieu- 
tenant Singletery had been placed in close arrest? 

Answer. I do not remember it now. 

Question by Colonel Paine. Were you the commanding officer of 
E company, and where was the captain of that company at the date 
of the letter to General Taylor? 

Answer. I was the commanding officer at the time. The captain 
was in Saltillo on sick leave. 

Assistant Surgeon J. D. Canfield, United States army, witness, 
called by the court, duly sworn. 

Question by the court. Please state to the court what you know 
in relation to the* mutiny which it is alleged occurred in the camp 
of the North Carolina volunteers, on the night of the 15th August 
last. 

Answer. My tent was on the extreme left of the Virginia regi- 
ment, nearly on the dividing line between the Virginia and North 
Carolina camp. Immediately after the tattoo on that night a large 
number of men of the Mississippi regiment and the Virginia regi- 
ment, also some from the North Carolina regiment, collected near 
my tent, numbering, altogether, I suppose, three-hundred and up- 
wards. They remained there some fifteen or twenty minutes, some 
passing over into the North Carolina camp, and again returning 
to the crowd. They remained there until taps; at that time 
some officer, either Captain Young or Captain Rowan, of the 
Virginia regiment, came out of my tent with me and ordered 
them to their tents, telling them that it was after taps; they made 
no reply, nor did they move. Knowing several of the men, I told 
them to go to their tents, at which several, some 20, I suppose, 
spoke, saying: u We are determined to have the wooden horse;" 
some of them remarked, " We will throw the head into Colonel 
Fagg's tent, and the tail into Colonel Paine's tent." I then re- 
marked, that if one of them made the attempt they would be shot, 
for Colonel Paine had placed sentinels about the horse. They, 
the mass, then remarked, that there is no danger whatever, for we 
have made arrangements to pass the sentinels and they are not to fire, 
they being in with us. The crowd then divided, half going towards 
the wooden horse, and half round towards the men's tents of the 
North Carolina regiment. I had scarcely entered my tent before I 
heard the report of fire-arms, apparently the report of a pistol. 
Immediately one of the men of company G, Virginia regiment, by 
the name of King, came running to me, saying he had been shot 
by Colonel Paine. I found he w r as shot in the hand. 

Question by the court. Please state to the court the names of 
such of the men in the crowd as you recognized. 

Answer. I recognized many at the time belonging to the Virginia 



[62] 



162 



regiment, but cannot now recollect the names of any, except King, 
who had been under my treatment for two weeks prior to the oc- 
currence referred to. 

Question by the court, Did the officers of the Virginia regiment, 
whom you have mentioned as being at your tent at the time, make 
any effort, other than those you have stated, to disperse the crowd'? 

Answer. Nothing more than they were ordered to go to their tents, 
at the same time remarking, that they would get themselves into 
difficulty if they did not go to their tents. In further answer to 
the first question the witness stated, that he had frequently heard 
threats made against Colonel Paine, by men of the Virginia and 
Mississippi regiments. These threats amounted to this, that if a 
good opportunity offered they would shoot him, and if he ever was 
so lucky as to get into battle, he never would come out alive; for, 
if the Mexicans did not shoot him, they would. The reason of 
this aversion, as I understood, was, that they thought the colonel 
was down too hard upon his own men; and as the North Caroli- 
nians would not resent it, they themselves would. They also 
seemed to think the colonel was very hard upon the* sentinels when 
he was field officer of the day. I also understood that the reason 
why they determined to destroy the wooden horse was, because the 
North Carolinians would not do it themselves, and they would not 
have the precedent of such a punishment established, fearing it 
might be adopted in their own regiment. 

Question by the court. Did you, or not, hear any threats uttered 
by men in the crowd, on the occasion referred to, of personal vio- 
lence towards Colonel Paine 1 ? 

Answer. I think I did; the substance was, that if Colonel Paine 
caThe out of his tent when they went to destroy the horse, they 
would serve him as they intended to serve the horse. 

Question by Colonel Paine. Did you ever hear Lieutenant Sin- 
gletery complain of the conduct of Coionel Paine, before the 16th 
August last? 

Answer. I never did. I did not know an officer of the regiment 
at that time, except the field officers, and those only by sight. 

Major J. A. Early, Virginia regiment, witness, called at the re- 
qdest of Colonel Paine, duly sworn. 

Question by Colonel Paine. Did you, or not, serve with Colonel 

Paine in the brigade at Buena Vista for some time previous to the 
16th August last, and will you state in what manner he discharged 
his duties as an officer? 

Answer. I did serve in the same brigade with Colonel Paine, 
from the 25th June to the 16th August last, and a portion of that time 
I acted as inspector to the brigade," and in that capacity I had offi- 
cial communication with Colonel Paine, and had frequent opportu- 
nities, otherwise, of observing his conduct as an officer. He per- 
formed his duties as an officer with great faithfulness and diligence, 
seemed to be always anxious to ascertain his duty and was indefa- 
tigable in its discharge. I will say further, that Colonel Paine 
was constantly engaged in his duties as commander of his regi- 



163 [ 62 ] 

ment, performing a great deal of duty which he would not have 
had to perform, had he had officers of experience in his regiment; 
for some ten or twelve days Colonel Paine and myself were field 
officers of the day, alternately every other day, and during that 
time he attended to his duty as commander of his regiment in the 
same manner as when not on duty as field officer of the day. I 
saw that he drilled his regiment and attended to the usual routine 
duties. His camp was in better police and better order was ob- 
served in it than in any other camp in the brigade. From my ob- 
servation of his conduct during that period, I was satisfied that, 
with experience, he would make one of the most efficient comman- 
ders of a regiment in the service. 

Question by Colonel Paine. Will you state if you have any rea- 
son to believe that Colonel Paine, while at Buena Vista, ever had 
anything to do with the soldiers of the Virginia or Mississippi regi- 
ments, except when on duty as field officer of the day'? 

Answer. I have no reason to believe that he had anything to 
do with them, except when he was field officer of the day; nor 
have I heard any complaint that he ever interfered with them. 
I very rarel) ever saw Colonel Paine out of his own camp, ex- 
cept when he was on duty. 

Question by Colonel Paine. Will you state if you know, or 
have any reason to believe, that Colonel Paine, when on duty as 
field officer of the day, ever exacted from any one, under his 
orders, more than a faithful discharge of duty? 

Answer. I have heard rumors in camp that Colonel Paine had 
been unnecessarily rigid, but the complaints I always regarded as 
false and ridiculous. I have no just reason to believe that he 
did exact from any one, under his order, more than a faithful 
discharge of their duty. 

Question by Colonel Paine. Will you state if you inspected the 
North Carolina regiment at Buena Vista, and if you remember 
whether there was any and what company of the regiment that ap- 
peared inferior on inspection, prior to the 15th August last? 

Answer. I did inspect the North Carolina regiment before that 
date, and, going down the line, came to one company whose com- 
manding officer seemed to be entirely ignorant of his duties; did 
not know how to bring the company to the position of inspection 
of arms. The sergeants, particularly the orderly sergeant, seemed 
to be very awkward, and the company was in very bad order, 
and it was some time before I could get the company in position 
to inspect arms. I believe Colonel Paine or myself had to give the 
orders. Colonel Paine remarked at the time, "this is A company.'' 
I did not know whose company it was, nor did I know thte name 
of the officer in command at the time; he is an officer whose name 
I have never known. 

Question by Lieutenant Pender. Did you not know Lieutenant 
Pender? 

Answer. I did know him; he was not in command on that day. 

Brevet Major L. B. Webster, 1st artillery, witness, called at the 
request of Colonel Paine, duly sworn. 



[62] 



164 



Question by Colonel Paine. Do you know the character of Col- 
onel Paine, as an officer, before he took command in Saltillo; and 
will you slate what that character was? 

Answer. I had heard that he was an indefatigable, energetic offi- 
cer; that he was very faithful in the discharge of his duties, and 
that he required others, also, to perform theirs. I had heard of the 
character of Colonel Paine, as well as of the difficulties which had 
occurred in the regiment, I believe, altogether from officers of the 
regular army; and I did not hear his Conduct censured, although 
those difficulties were regarded as unfortunate. 

Question by Colonel Paine. How long since Colonel Paine took 
command at Saltillo? 

Answer. Between two and three months since. 

Question by Colonel Paine. Will you state how Colonel Paine 
has discharged his duties as an officer since he took command in 
Saltillol 

Answer. I have had almost constant intercourse with him, since 
he has been in command, and I have always found him ready and 
active in his attention to his duties, and, considering the length of 
time he has been in service, well qualified to discharge the duties 
of his station in every respect; his manners, gentlemanly and cour- 
teous, as far as I could judge; his orders given with propriety and 
mildness, but with energy. He has been particularly vigilant in 
the police of the city, and his whole course has been such 
as I could find no fault with, and highly commendable. 

Captain S. Singleton, North Carolina regiment, witness, recalled 
at the request of Colonel Paine. 

The regimental morning report book being shown to the witness, 
he testified as follows: I was adjutant of the North Carolina regi- 
ment from the 8th of August to the 23d of October, 1847. The 
morning reports of the regiment were made up 3 under my supervi- 
sion, by a clerk, and I believe them to be a true consolidation of 
the morning reports of the companies of the regiment. 

The report book shows that from the 9th to the 15th August last, 
inclusive, there was one North Carolina officer, (a corporal,) ot H 
company, sick; on the morning of the 16th August last, three ser- 
geants and two corporals; on the morning of the 17th, two ser- 
geants and two corporals; on the morning of the 18th, one corpo- 
ral. From the 12th to the 15th August last inclusive, there were 
six privates reported sick in the same company, (H;) on the mor- 
ning of the 16th, eleven privates; on the morning of the 17th, five 
privates. 

Captain S. P. Tipton, J£ company, North Carolina volun- 
teers, having desired to offer testimony as to the general good char- 
acter of Private Bradley, who was shot on the night of the 15th of 
August, the court took the subject under consideration, and came 
to the. decision not to receive any testimony on the subject, for the 
following reasons, viz: 

1. That ihe general good character of Private A. H. Bradley, 



165 [ 62 ] 

company A, North Carolina volunteers, previous to the 15th Au- 
gust, 1847, has not been impeached. 

2. That if it had been, it is not pertinent to the question under 
consideration before the court: and 

3. If it were, the general good character has been proven suffi- 
ciently to the satisfaction of this court. 

On motion of a member, the following order was read by the 
judge advocate in open court, viz: 

Orders, ) Head quarters, Army of Occupation, 

No. 79. I Monterey, Mexico, February 12, 1848. 

So soon as the court of inquiry, instituted in orders No. 13, cur- 
rent series, shall have examined all the witnesses in and near Sal- 
tillo, it will adjourn to meet in Monterey. 

Colonel Paine, and Lieutenants Pender and Singletery, North 
Carolina volunteers, being implicated or directly concerned in the 
matter under investigation by the court, will be permitted to come 
to Monterey^ to attend its sittings at that place. 

By command of Brigadier General Wool: 

irwin Mcdowell, 

A. A. G. 

And the court having examined all the witnesses known to them 
in and near Saltillo, who could give any material or important 
information as to the facts and occurrences referred to them for in- 
vestigation, at 8 o'clock, p. m., adjourned to meet in Monterey, 
on Monday, the 13th March, at 10 o'clock, a. m. 



THIRTY-FOURTH DAY. 

Monterey, Mexico, March 13, 1848. 

The court met pursuant to adjournment, and in obedience to'the 
orders above quoted. 

Present: All the members, and the judge advocate, recorder. 

Brigadier General John E. Wool, United States army, witness, 
called by the court, duly sworn. 

Question by the court. Will you please state to the court what 
you know in reference to the alleged mutiny in the camp of the 
North Carolina regiment at Buena Vista, on the 15th August last, 
and the death of one soldier, and the wounding of another, on the 
occasion; and the dishonorable discharge, on the following day, 
of Lieutenants Pender and Singletery, of the North Carolina vol- 
unteers, and two soldiers, one ot the North Carolina regiment and 
one of the Virginia regiment 1 

Answer. On the night of the 15th August last, I was informed 
by General Cushing, perhaps personally, of a mutiny in Colonel 
Paine's regi&ient. I immediately accompanied the general, and 



[62] 



166 



proceeded to Colonel Paine's camp, with the view of ascertaining 
the cause of the mutiny, and suppressing it. On my arrival at the 
camp — I think at Colonel Paine's tent — -I found that those who 
had been engaged in the mutiny had dispersed, and I was informed 
one man had been wounded, supposed mortally, and another slight- 
ly in the hand. After remaining there some time, conversing with 
the few officers that were near Colonel Paine— I think only some two 
or three of his own regiment, at least I saw no others — and giving 
the necessary orders to prevent a repetition of what had occurred, 
by placing guards and patroles, I returned to my tent in company 
with General Cushing. The next morning, I was informed there 
was a good deal of excitement in the North Carolina regiment; 
shortly after which I received a paper, (the paper C was here 
shown to witness and verified as the paper he received,) enclosed 
to me, I think, by General Cushing, calling upon Colonel Paine to 
surrender his commission. I sent for General Cushing and Colonel 
Hamtramck, with a view of consulting them as to the course which 
ought to be pursued in relation to the mutinous condition of the 
North Carolina regiment, which was considered very alarming. It 
was decided that something decisive should be done; that seve- 
ral of the officers ought to be dismissed the service — perhaps more 
harsh measures were suggested. Upon that they left me, I having 
determined in my own mind what course to pursue. I concluded 
to discharge but two officers, with two privates; all of whom I sup- 
posed to be ringleaders of the mutiny which had occurred the 
night before. I supposed the two officers to be ringleaders, from 
the fact that they headed the list calling upon the colonel to sur- 
render his commission, and from the representations that had been 
previously made to me of their insubordinate conduct towards Col- 
onel Paine. Personally, I knew nothing of their characters. On 
my dismissing Lieutenants Singletery and Pender and the two pri- 
vates, the resignations of, I think, twenty-five officers were pre- 
sented, in consequence, as I supposed, of the dismissal of Lieu- 
tenants Singletery and Pender, and perhaps the two privates. 
JIow they came to recall their resignations does not now distinctly 
recur to me; that is, whether it was the result of a conversation one 
or more of them had with me, or with General Cushing, I can't say. 
I think I had made up my mind to discharge the whole of them, 
in case they did not withdraw their resignations. The course pur- 
sued produced quiet in the regiment, and restored order; and from 
that time until I left Saltillo, about the 25th October, I never knew 
a more quiet, and orderly and subordinate regiment, and greatly 
improved in discipline. 

Question by the court. By what authority did you discharge Lieu- 
tenants Singletery and Pender? 

Answer. I supposed I had the power to discharge them or any 
officer of volunteers, by the authority of the letter from Major 
General Scott, under date of August 20, 1846, (hereto appended 
and marked S.) Under that authority I had previously discharged 
several officers of volunteers; but after coming more immediately 
under the command of Major General Taylor, I did not exercise 



167 [ 62 ] 

this authority, except in extraordinary cases, and then I submitted 
them to General Taylor, and he always approved of them, as he 
did in the case now before the court. 

(The court here ordered the extract of a letter from Major Gen- 
eral Taylor to Brigadier General Wool, under date of the 19th of 
August, and marked T.) 

It is due, however, to myself and to truth to say that I should 
have dismissed those officers, even had I not had special authority 
in the case from General Scott, or any one else, for I considered it 
necessary, in order to prevent a greater evil which, from the re- 
presentations made to me, I had no doubt would have occurred. 

Question by the court. Is it your opinion, or not, that there was 
a mutiny in the camp of the North Carolina volunteers. on the night 
of the 15th of August last? 

Answer. I had no reason then, and have none now, to doubt it, 
from the excitement which existed; and I was confirmed in my be- 
lief at the time by the leUer received next morning from a number 
of officers of the North Carolina regiment, calling upon the colonel 
of the regiment to surrender his commission, and also from hearing 
of a letter addressed to General Taylor by a number of officers of 
the North Carolina regiment, complaining of Colonel Paine's con- 
duct, w T hich letter, however, I had not seen at that time. (See pa- 
per marked E, appended to the record.) 

Question by the court. What other circumstances, in addition to 
those you have already mentioned, came to your knowledge, show- 
ing an insubordinate and mutinous spirit in the camp of the North 
Carolina volunteers'? 

Answer. For some time previous to the 15th of August, the Mis- 
sissippi regiment being without a colonel and lieutenant colonel, 
both having resigned, and the major being sick in Saltillo, there 
was a great deal of insubordination in that regiment, and there ap- 
peared, to be no officers of the regiment willing or able to control 
the men. This insubordination was incident, as I supposed, to the 
canvassing in the regiment for those vacant offices. The electioneer- 
ing was carried on to a very disgraceful extent, by granting in- 
dulgences to the men, and allowing liquor to be introduced into the 
camp, and permitting the men to violate the rules of the camp by 
day as well as by night. A portion of officers and men, both, and 
together, attended the lowest brothels at night. It was under these 
circumstances I called upon the officers of the day to do their duty, 
and to exert themselves to correct these evils. Both Colonel Ham- 
tramck and Colonel Paine, I believe, exerted themselves to carry 
out my orders, paticularly in respect to the duties of guards and 
sentinels. In doing this, they brought down the censure of the 
volunteers upon themselves, especially Colonel Paine, who was re- 
ported to have been very much annoyed by the insubordinate spirit 
that was manifested towards him, in a variety of ways. That regi- 
ment (the Mississippi) had the habit of bleating at him when he 
came -in the neighborhood, and they could do it at him without 
being discovered. I think both officers and men of that regiment 
took exception to the vigilant manner in which the colonel (Paine) 



[62] 



168 



discharged his duties as officer of the day. Similar complaints 
were made against Colonel Paine by a portion of the Virginia regi- 
ment. The result of those circumstances was that Colonel Paine 
complained to me of this insubordinate spirit being extended to his 
regiment, and told me that he was extremely apprehensive that his 
regiment would be destroyed or ruined, and asked me to separate 
his from the other regiments. I delayed it, in the" hope that the 
evil would be corrected. I refused his application. He neverthe- 
less continued to do his duty faithfully and honestly,! believe, hav- 
ing nothing but the interest of his country at heart, and until the 
insubordination and irregularities were consummated on the night 
of the 15th of August last, as heretofore mentioned. 

Question by the court. What is your opinion of Colonel Paine 
as an officer! 

Answer. I know of none better; I think him one of the most de- 
voted, attentive, vigilant officers I have ever known in any service; 
(I do not mean to say that he has had as much experience;) and if his 
officers generally had been as faithfuLto themselves and the coun- 
try as he has been, the disgraceful scenes which took place at 
Buena Vista, on the night of the 15th cf August last, would never 
have occurred. It is due to Colonel Paine to say that, in all the 
conversations I have ever had with him, he seemed to have no other 
objects in view than to do his duty faithfully in all respects, and 
to make his own the very best regiment in service. I thought his 
whole soul was wrapt up in perfecting his regiment. 

The court adjourned to meet to-morrow at 10 o'clock, a. m. 



THIRTY-FIFTH DAY. 

Monterey, Mexico, 
Tuesday, March 14, 1848. 

The court met pursuant to adjournment. 

Present: All the members and the judge advocate. 

Examination of Brigadier General Wool continued: 

In explanation of his testimony given yesterday, the witness 
added, that he desired to say, that the insubordination in the Miss- 
issippi regiment only began after the colonel and lieutenant colo- 
nel had left the regiment, and the major had been taken sick. Pre- 
viously, the regiment had behaved very well. 

Question by the Gourt. What has been the practice in our ser- 
vice, so far as you know, in reference to the discharge of volun- 
teer officers from service, while in the field? 

Answer. The general practice has been to discharge them on the 
tender of their resignations, or on application to be discharged the 
service. That has been the practice both with General Taylor and 
myself. I have discharged none summarily since I entered on the 
duties which called me to Mexico, except Lieutenants Singletery 
and Pender, A number have been compelled to resign, who would 



169 [62] 

not have done so but from fear of dismissal. For instance — an of- 
ficer brought some strumpets from New Orleans, and introduced 
one as his wife, with the view of obtaining a passage by se| 
for her, and afterwards left his company for the purpose of goin 
with them by land. When he afterwards joined, I told him I woul 
dismiss him, if he did not resign. 

Two others were forced to resign for habitual drunkenness, and 
their excesses went to such an extent that their immediate com- 
manding officer was obliged to order them to be kept under arrest, 
in order to get them sober, to write their resignations. 

Question by the court. Has the question, whether or not a com- 
manding general, in the field, has a right to discharge volunteer 
officers against their will, ever, to your knowledge, been raised in 
our service, previous to the discharge of Lieutenants Singletery 
and Pender, in August last? 

Answer. No. When I was commanding in the Cherokee nation, 
I dismissed one, if not two, volunteer officers summarily. I was 
in command, at the time, of volunteers from Georgia, Tennessee, 
and Alabama. I believe those discharged belonged to the Ten- 
nessee troops. The question as to my right to discharge, in those 
cases, has never, to my knowledge, been raised. I deem the power 
essential, for the reason that courts martial composed of volun- 
teer officers are, generally, very mild in their sentences and 
awards, such as are wholly inadequate to the preservation of dis- 
cipline and subordination; at least, the officers do not dread these 
tribunals. 

Question by Colonel Paine. Will you state if, in the conversation 
which you had with officers of the North Carolina regiment, rela- 
tive to the paper calling on Colonel Paine to surrender his com- 
mission, what reason was given for signing such a paper? 

Answer. I do not recollect what was said on the occasion. The 
paper did not come to me from officers direct, but I received it 
from General Cushing or Colonel Paine. 

Question by Colonel Paine. Do you, or not, consider that the 
manner in which Colonel Paine discharged his duties while at 
Buena Vista, rendered him justly obnoxious to the officers or sol- 
diers of the brigade to which he was attached? 

Answer. I think his conduct ought not to have rendered him ob- 
noxious to the troops. On the contrary, I think the manner in 
which he did discharge his duty should have raised him in the esti- 
mation of all under his command; and my opinion is, and was, that 
every good officer ought to have sustained him. I think Colonel 
Paine only endeavored to carry out my orders. 

Question by Colonel Paine. Were, or were not, similar insults, 
such as you have spoken of as being offered to Colonel Paine by 
soldiers of the Mississippi regiment at Buena Vista, also offered to 
other officers under your command ft that post? 

Answer. Yes; instances occurred of which I was myself wit- 
ness. 

Question by Lieutenant Singletery. When you ordered the sum- 

12 



[62] 



170 



mary dismissal of certain officers in the Cherokee country, how 
long was it before their terms of service would have expired'? 

Answer. It was very soon after they were*received into service; 
and their dismissal had a very salutary effect, as I had no trouble 
afterwards. It produced the same effect then that it did in the recent 
case of the dismissal of Lieutenants Singletery and Pender; it 
restored quiet and subordination in the regiment. 

The witness desired to remark, in explanation of his testimony 
given yesterday, that he meant his remarks, regarding the officers 
of the North Carolina regiment, to apply to those of the regiment 
who were on duty at Buena Vista, and especially to those who 
had signed the paper calling upon Colonel Paine to surrender his- 
commission. Further, that there are several officers belonging to 
that regiment of whom I entertain the highest opinion, viz: Lieu- 
tenant Colonel Fagg, Major Stokes, Captains Henry and Buck, 
and there are others, whose names I do not recollect. 

The court adjourned to meet to-morrow, at 10 o'clock, a. ra. 





THIRTY-SIXTH DAY. 

" ■' -v 
Monterey, Mextco, 
Wednesday, March 15, 1848. 

The court met pursuant to adjournment: 

Present: all the members and the judge advocate, recorder. 

Examination of General Wool continued: 

Question by Colonel Paine. Has, or has not, an officer a right to 
demand a court martial, or trial, for any cause for which he may 
be in arrest? 

Answer. No. 

Question by Colonel Paine. Has, or has not, any attempt ever 
been made by you to induce Lieutenant Singletery to withdraw his 
request for a court martial, while at Buena Vista? 

Answer. I told Lieutenant Singletery that he had no right to 
demand a trial unless charges were preferred against him; that it 
rested with the officer who arrested him whether he would bring 
him before a-court martial. The arrest in this case was confirmed 
by myself. 

Question by Colonel Paine. Did you, or not, ever attempt to in- 
timidate Lieutfnant Singletery upon his asking a court martial, or 
at any other time, while at Buena Vista? 

Answer. No; at the time he refers to, there was no cause for 
exerting intimidation. In the conversation I had with Lieutenant 
Singletery, my object was to instruct him regarding the regula- 
tions; that he could not ask for a court for his trial unless charges 
were preferred against him, which was not the case, so far us I 
knew. Lieutenant Singletery seemed to be wholly ignorant of the 
rules governing in such cases, and I endeavored to explain them 
to him. 



- 

171 [ 62 ] 

Question by Colonel Paine. Will you state whether or not 
Colonel Paine, while at Buena Vista, ever attempted to prejudice 
you against any officer or officers of the North ^Carolina or any 
other regiment or corps'? 

Answer. He did not. Colonel Paine manifested a great deal of 
anxiety about his regiment, and expressed a great deal of appre- 
hension th.at.the insubordinate spirit manifested towards him by the 
other regiments would seriously influence his own regiment, and 
he, in consequence, requested that his regiment might be separated 
from the others. He spoke of the insubordinate conduct of Lieu- 
tenants Singletery and Pender, bjut had no desire to proceed to ex- 
tremities with them, in the hope they would see the error of their 
ways and corn ct them. 

Question by Colonel Paine. Will you state whether or not 
Colonel Paine induced, or attempted to induce, you to discharge 
Lieutenants Pender and Singletery, or either of them, from the 
service'? 

Answer, He did not. 

Question by Colonel Paine. Will you state whether or not 
Colonel Paine ever attempted in any manner to influence you in the 
discharge of Lieutenants Pender and Singletery, or of either of 
them'? 

Answer. He never has. 

Question by Colonel Paine. Do you, or not, remember that Lieu- 
tenant Singletery, soon after being discharged by you, requested 
by note an investigation of his conduct on the night of the 16th 
August; and will you state whether, or not, in your refusal to re- 
call his discharge, you were influenced in any manner by Colonel 
Paine in making that refusal? 

Answer. I think Lieutenant Singletery did so apply for an in- 
vestigation of his conduct. My course in the case was not influ- 
enced by Colonel Paine in any manner whatever. I don't tccoI- 
lect having seen Colonel Paine in the interim. I do not recollect 
that Colonel Paine at any time recommended any particular course 
for me to pursue towards Lieutenants Singletery and Pender; my 
conduct towards them was altogether influenced by circumstances 
as they arose. 

Question by Colonel Paine. Will you state what induced you to 
order Lieutenants Singletery and Pender, after they were dis- 
charged, to leave Saltillo'? 

Answer. It was represented to me that they were engaged in ex- 
citing the North Carolina regiment against the colonel. Lieuten- 
ant Pender applied to remain in Saltillo, to attend upon a relative 
(Captain Pender) who was very sick. I think it was stated to me 
that Captain Pender would probably die, and that Lieutenant Pen- 
der desired to stay in order to take his remains home. I consented 
on condition he would abstain from interfering with the regiment, 
or from exciting it against the colonel. It was afterwards repre- 
sented to me, by whom I do not recollect, that as long as Pender 
was permitted to remain in Saltillo, there would be no peace in the 
regiment, and that instead of attending upon his relative he was 



[ 62 ] 172 

gambling. Upon this I sent an order to Major Washington, gov- 
ernor of Saltillo, to send him to Monterey forthwith. Before this 
order was executed, another application was made to me for per- 
mission for Lieutenant Pender to remain; and, in consequence of 
assurances that he would refrain from gambling and give his atten- 
tion to Captain Pender, I left it discretionary with Major Wash- 
ington, governor, to permit him to remain. 

Question by Colonel Paine. You have stated that an insubordi- 
nate spirit towards Colonel Paine existed in the Mississippi regi- 
ment, will you state whether or not you had reason to know that 
such a spirit was manifested towards Colonel Paine by the soldiers 
of any other and what corps while at Buena Vista! 

Answer. Such a spirit was manifested by portions of both of the 
Virginia and Mississippi regiments. It was represented to me 
that this feeling existed to such an extent that Colonel Paine was 
in danger of assassination. These representations were made to 
me on the nights of the 15th August and 16th August, and greatly 
influenced me in adopting the course I pursued in discharging 
Lieutenants Singletery and Pender. They were dismissed because 
they headed the list calling upon the colonel to resign. 

Question by Lieutenant Singletery. Have you, or not, in posses- 
sion a note sent by Lieutenant Singletery at the time of the arrest 
spoken of? 

Answer. I have not such a note. If it exists, it must be in the 
office of the assistant adjutant general, Captain McDowell. 

Question by Lieutenant Singletery. Do you, or not, remember 
that Lieutenant Singletery said anything which indicated that he 
thought he had a right to demand a' trial'? 

Answer. My impression is that fie thought that he could claim 
a trial. 

Lieutenant Singletery, at his own request, made the following 
statement under oath: 

In the conversation with General Wool referred to, all was said 
that has been stated, and much more. But my application to him 
was not for a trial, but for the extension of limits while awaiting 
that trial, which had already been promised by Colonel Paine. I 
was well aware of the fact that I had no right to demand a trial, 
and never once thought of doing such a thing. I was, of course, 
not at liberty to interrupt General Wool in what he was saying, 
by telling him that I knew all that before. Whether or not he 
intended to intimidate me, I cannot positively say, but I know that 
such was the inference at once drawn by myself from what he 
said. It was represented to me that I would have to remain in ar- 
rest for a considerable length of time, confined to my tent, which 
it was remarked, would be very disagreeable. When I stated I 
was willing to wait and did not fear the result of a trial, I was re- 
minded that the decision of the court was subject to the approval 
or disapproval of higher authority. I thought, and still think, 
these things warranted the inference I drew from what was said. 
I was, of course, bound to listen to all that was said, though it 



173 [ 62 ] 

had reference, for the most part, if not altogether, to another point 
than that on which I had made application to him. If I was un- 
derstood by General Wool to suppose "that I had a right to demand 
a trial, it was an entire misapprehension. 

■ Colonel Paine, by permission of the court, made the following 
statement under oath: 

I stated, in reference to Lieutenant Singletery, as officer of the 
guard at Buena Vista, that after tattoo, I visited the left flank 
guard. I walked my horse towards the guard, and the guard had. 
time to form before I came up. I passed slowly between the sen- 
try before the guard, and the guard not more than 15 feet from 
Lieutenant Singletery, who was officer of the guard. I \v^ent some 
80 or 100 yards beyond the chain of sentinels; no attempt was 
made to halt me, nor was I challenged by any one. Finding that 
I was not noticed, I turned my horse and went back in the same 
direction, passing the guard and sentry, as before, without being 
challenged by any one. 

After passing within the lines about the same distance I had gone 
out, I returned to the guard, arrested Lieutenant Singletery, and 
ordered him to his tent, taking his sword, which I carried to the 
adjutant; at the same time directing him to detail an officer, in 
the place of Lieutenant Singletery. I then went over to General 
Wool, and reported the facts as they had transpired, and what I 
had done. Some conversation passed between us in relation to the 
reason of this negligence, on the part of Lieutenant Singletery, 
and I think I told General Wool that I did^ot impute it to inten- 
tion on the part of Lieutenant Singletery, and with his permission, 
I would return him to duty in the morning, which he granted. I 
then went to the left flank guard, and, I think, sent the sentry 
(whose post I had previously passed without his halting me) to 
the provost guard. I think that was my object in returning to 
the guard. I then passed through the left wing of my encamp- 
ment and in front of the tent of Lieutenant Singletery, and in the 
next company beyond his, I saw Lieutenant Singletery come out 
of the tent of Captain Roberts. I think I stopped my horse, and 
expressed ray astonishment at seeing him there, when he had been 
ordered to his tent. He said he did rfbt intend by coming there 
to break his arrest, but that he wished to see me, and desired- to 
know if he could speak to me. I told him yes; and he then asked 
for what he hud been arrested. I replied for neglect of duty, in 
suffering rne to pass the line of sentinels without being challenged. 
He said that was not his fault, but that of the sentry. I told him 
that the sentry might have neglected his duty, but that he had also 
neglected his, for it had occurred in his presence, and it was his 
office to see that the sentry discharged his duty properly. I then 
reminded him that he should go to his tent, and rode off. After 
proceeding some 30 or 40 yards, I happened to turn my head, and. 
saw him still standing where I had left him. I halted, and asked 
him why he did not obey the order I had given him. 

The court adjourned, to meet to-morrow, at 10 o'clock, a. m. 



[62] 

L - 



174 

THIRTY-SEVENTH DAY. 



Monterey, Mexico, Tuesday , March 16, 1848. 

The court met pursuant to adjournment. Present, all the mem- 
bers, and the judge advocate, recorder. 

Continuation of Colonel Paine's statement: 

He made no reply, and remained where he was; and, going up 
towards him, I repeated the order, in an authoritative and very stern 
tone, telling him to go to his tent, on the instant; and it was not 
till then that he moved. In the morning, early,! directed the 
adjutant to carry his sword to him, and order him to return to dutyj 
and I received a report from the adjutant that he declined receiv- 
ing his sword, but insisted upon a court martial; and desired that 
the adjutant would take his sword back to me, which he refused to 
do. I do not remember whether 1 sent for Lieutenant Singletery, 
but I nevertheless saw him a few minutes after, I think near Major 
Stokes's tent, and I asked him the reason of his conduct that morn- 
ing. He told me that he desired to have a trial. I replied that, 
perhaps he was not fully aware of what he had done; but that, so 
far as I was concerned, he should have a trial; that he w r ould go 
back to his tent; that he was still in arrest. I then went to Gen- 
eral Wool and stated to him what had occurred, and remarked, 
that Lieutenant Singletery should have a trial, if I could give jiim 
one. The general replied that he had no right to a trial, under 
any circumstances, and that it ghoul d not be granted to him, in 
this instance, as a matter of favor, because of the insubordinate 
manner in which he had acted. I remarked, then, that I could not 
let his conduct pass without some punishment, and that I therefore 
desired he might.be continued in close arrest; to which the gen- 
eral consented, and he continued in arrest, accordingly, for several 
days. 

Question by Lieutenant Singletery. After you had returned his 
sword to Lieutenant Singletery, for what insubordinate conduct was 
it that you desired to continue the arrest? 

Answer. It was his conduct, altogether, the night before, and in 
refusing to receive his sword. 

Lieutenant Pender here tnade the following statement, under 
oath: 

In relation to the representations made to General Wool, which 
he mentioned in his testimony of yesterday, that I neglected 
Captain Pender, and that my time was absorbed in the occupation 
of gambling; that I, after my discharge, used any means whatever 
to destroy the harmony of the regiment, or endeavored, in any 
manner, to incite any feelings of insubordination in the regiment, 
they are untrue. I, however, endeavored to secure some certificates 
of character, and of indisposition, at the time of said occurrence. 
Instead of inciting any improper feelings, my last words to my 
company were, (they having expressed the desire to go w T ith me,) 
to remain quiet, and ever to be obedient to orders. 



175 . [ 62 ] 

Captain Irwin McDowell, assistant adjutant general, witness, 
called at the request of Colonel Paine, duly sworn. 

Question by Colonel Paine. In what official capacity were you 
acting, during the connexion of Colonel Paine with the brigade at 
Buena Vista? 

Answer. The assistant adjutant general of the troops under com- 
mand of General Wool. 

Question by Colonel Paine. Will you state in what manner 
Colonel Paine discharged his duty, as an officer, while at Buena 
Vista? 

Answer. So far as my observation went, from having seen him 
drill his regiment two or three times, and from his official reports, 
as officer of the day and colonel of his regiment, I judged him to 
be, and now consider him, a most zealous and conscientious officer 
in the discharge of his duties. 

Question by Colonel Paine. Will you state what you know as to 
the number of desertions from each of the volunteer regiments sta- 
tioned at Buena Vista? 

Answer. It appears, from the returns in the adjutant general's 
office, that from May, 1847, to February, 1848, both inclusive, there 
were thirty desertions from the Virginia regiment, ten from the 
Mississippi regiment, and none from the North Carolina regiment. 
(See paper marked N, hereto appended.) 

Question by Colonel Paine. Were or were not any charges pre- 
ferred against Colonel Paine by any officers of the North Carolina 
regiment, while you were assistant adjutant general at Buena 
Vista? 

Answer. I know of no charges, further than those sent to Gen- 
eral Taylor, and by him referred to General Wool, in the form of 
a letter; which letter did Hot pass Ihrough my office, nor was I 
knowing to its being sent. 

The court adjourned, to meet to-morrow at 10 o'clock, a. m. 



THIRTY-EIGHTH DAY. 

Monterey, Mexico, Friday^ March 17, 1848. 

The court met pursuant to adjournment. Present, all the mem- 
bers, and the judge advocate, recorder. 

Examination of Captain McDowell continued: 

Question by Lieutenant Singletery. What portion of the deser- 
tion from the Virginia and Mississippi regiments occurred prior to 
the 15th August? 

Answer. There were seven from the Mississippi, and eight from 
the Virginia. 

The court adjourned^ to meet to-morrow at 10 o'clock, a. m. 



[ 62 ] 176 

THIRTY-NINTH DAY. 

Monterey, Mexico, Saturday , March 18, 1848. 

The court met pursuant to adjournment. Present, all the mem- 
bers, and the judge advocate, recorder. 

On motion, resolved, that the court of inquiry has received, with 
feelings of deep regret, intelligence of the decease of Juan Jose 
Garcia, "cura y rector" of Monterey; and entertaining great respect 
for his high reputation for learning, piety, and virtue, the court 
adjourn till Monday, the 20th March, at 10 o'clock, a. m. 



FORTIETH DAY. 

Monterey, Mexico, Monday, March 20, I84r8. 

The court met pursuant to adjournment; all the members present. 
The judge advocate being indisposed, at the request of the court, 
Major Cass acted as recorder. 

Major Washington was called, at the request of Colonel Paine, 
and duly sworn. 

Question by Colonel Paine. Were you on duty, at or near Buena 
Vista, while Colonel Paine was stationed with the North Carolina 
regiment there, andwill you state what was the character of Colonel 
Paine, as an officer? 

Answer. I was on duty near Buena Vista, at the time Colonel 
•Paine was. stationed there. The artillery camp, in which I was 
stationed, being separate from the infantry camp, in which Colonel 
Paine was stationed, I did not see a great deal, personally, of 
Colonel Paine, but always understood he maintained the highest 
character as an officer and a soldier. When, occasionally, I was 
thrown into company with Colonel Paine, and exchanging ideas 
upon military subjects, I found him extremely correct in all his 
opinions in regard to discipline., 

Lieutenant Singletery, at his own request, here took the witness 
stand, and made the following statement: 

■ If the statement of Colonel Paine concerning the cause of my 
arrest, as officer of the guard at Buena Vista, had been made be- 
fore the court adjourned to this place, I would have introduced 
other witnesses to substantiate what I have before stated, in every 
particular. It has, however, been delayed till the present time, 
when it is impracticable to do so; or at least it is understood the 
court will not allow it. Under these circumstances, I desire to lay 
before the court another statement on my own part, in relation to 
that affair. As to the first instance in which Colonel Paine passed 
the chain of sentinels, I never heard of it, till it was mentioned 
by him to the court. He certainly did not pass in my sight, and 
although I will not be positive, I am very confident I was at that 



177 [ 62 J 

time in the tent of the officer of the guard, reading. I only know 
that when I first saw him, he was on his horse, a short distance 
without the line. That while I was rousing some men of the re- 
lief whose turn it was to sleep, I turned, hearing the sound of his 
horse's feet, and saw him riding off in a gallop within the lines. 
Immediately on learning that the sentinel had not hailed him, I went 
into the tent and wrote a note to the officer of the day, stating 
that I did not consider this man fit for duty as a sentinel, and asked 
what I should do with him. I had barely finished it when Colonel 
Paine again approached. This time I know that he was properly 
challenged, for I stood by the sentinel, and repeated the words he 
was to use. I cannot see, under these circumstances, wherein I 
allowed any neglect of duty to pass unnoticed under my observa- 
tion. I know that I had been unusually careful that day in giving 
instructions to the guard, particularly with regard to the proper 
forms of challenging, and there was not probably a member of the 
guard who had not been on duty as a sentinel at least a hundred 
times before. If after that, any sentinel remained ignorant of the 
fact that it was his duty-to halt all who approached him at night, 
it ought surely to be ascribed to some other cause than the negli- 
gence of the officer of the guard. Colonel Paine has further 
stated, that he ordered me to my tent. This may have been the 
word he used; I thought and still think he said quarters. At any 
rate, I knew that officers in arrest in the regiment had not been 
confined to their tents, and I did not understand that such a thing 
was intended in my own case. Inflation to the conversation in 
front of Captain Roberts's tent, it all occurred precisely as I before 
stated. I well remember that an officer who was present, said to 
me the next day, that he was very glad that I acted as I did; that 
he was afraid, from the manner in which Colonel Paine spoke to 
me, I would be led to say or do something improper. I asked him 
particularly if I had said or done : anything to which Colonel 
Paine could take any exception. He said, no. I am unable to 
see, so far, wherein my conduct was insubordinate; and the fact 
that Colonel Paine released me the. next morning, would be suffi- 
cient on this point without other evidence. He was certainly not 
bound to do so because he had obtained permission, if any subse- 
quent conduct rendered me deserving of further punishment. Nor 
do I understand why he asked for permission; he certainly had the 
full right to do so without it. In reply to question put by myself, 
the only act of insubordination specified by Colonel Paine, was, 
that when the adjutant carried me my sword the next morning, I 
refused to take it. This is positively and unqualifiedly false. I 
told the adjutant that I would prefer to be tried by a court mar- 
tial, and that I wished he would take back my sword an,d tell the 
colonel what I had said. This he avoided, and I did not press it. 
I was not sent for by Colonel Paine, but went to see him of my 
own accord. It has been admitted and proved, that I did not at the 
time act in a manner disrespectfully towards Colonel Paine. And 
what then occurred has already been proved by the testimony of 
other witnesses. Colonel Paine replied to my request for a trial, 



[62] 



178 



u Certainly, sir, if you wish it." (See the evidence of Major 
Stokes.) The facts, then, stands thus: I was freed from arrest; I 
was bold enough or insubordinate enough to request a trial, being 
anxious to prove that I had been guilty of no fault, as the stigma 
of arrest, of course, implied. I was immediately ordered into close 
confinement. Let.it be decided by these facts, if the inference 
was not fair, that I was placed in close confinement because I had 
requested a trial; I thought so then, and think so still. 

All the witnesses having been examined, whose testimony was 
supposed by the court to be of importance, except Lieutenant 
Colonel Fagg, still absent from the country, the court adjourned 
to meet to-morrow at 10 o'clock, a. m. 



FORTY-FIRST DAY. 

Monterey, Mexico, 

Tuesday, March 21, 1848. 

The court met pursuant to adjournment. 
Present: all the members and the judge advocate. 

In consequence of the indisposition of a member, the court ad- 
journed till to-morrow, at 10 o'clock, a. m. 



FORTY-SECOND DAY. 

V - - 

Monterey, Mexico., 

Wednesday, March 22, 1848. 
The court met pursuant to adjournment. 
Present: all the members and the judge advocate, recorder. 

The court having, since its last meeting, received the painful in- 
telligence of the death of ex-President Adams, as a mark of re- 
spect to the deceased patriot and statesman, and in accordance 
with the orders of the President of the United States, adjourned 
till to-morrow, at 10 o'clock, a. m. 



FORTY-THIRD DAY. 

t Monterey, Mexico, 

Thursday, March 23, 1848. 

The court met pursuant to adjournment: present all the members 
and the judge advocate, recorder. 

After deliberating on the testimony, the court adjourned till to- 
morrow, at 10 o'clock, a. m. 



179 [62] 

FORTY-FOURTH DAY. 

Monterey, Mexico, 
Friday , March 24, 1848. 

The court met pursuant to adjournment: present, all the members, 
and the judge advocate. 

After deliberating on the testimony, the court adjourned. 



FORTY-FIFTH DAY. 

Monterey, Mexico, 
Saturday, March 25, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate. 

In consequence of the absence of Lieutenant Colonel Fagg, 
North Carolina regiment of volunteers, a witness, whose testimony- 
is desired by one of the parties before the court, and who i& daily 
expected from the United States, the court adjourned, to meet on 
"Wednesday, the 29th March, at 10 o'clock, a. m. 



FORTY-SIXTH DAY. 

Monterey, Mexico, 
Wednesday, March 29, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate. 

After deliberating on the testimony, the court adjourned till to- 
morrow, at 10 o'clock, a. m. 



FORTY-SEVENTH DAY. 

Monterey, Mexico, 
Thursday, March 30, 1848. 

The court met pursuant to adjournment; and, after deliberating 
on the testimony, adjourned to meet to-morrow, at 10 o'clock, a. 
m,. 



[ 62 ] 180 

F&RTY-EIGHTH DAY. 

Monterey, Mexico, 
Friday, March 31, 1848. 

The court met pursuant to adjournment. 

In consequence of the absence of Colonel Tibbatts, engaged on 
other duty, the court adjourned till to-morrow, at 10 o'clock, a, m. 



FORTY-NINTH DAY. 

Monterey, Mexico, 
Saturday, April 1, 1848. 

The court met, deliberated on the testimony, and adjourned till 
Monday, at 9 o'clock, a. m. 



FIFTIETH DAY. 

Monterey, Mexico, 
Monday, April 3, 1848. 

The court met pursuant to adjournment; and, after deliberating 
on the testimony, adjourned, to meet to-morrow, at 9 o'clock, a. m. 



FIFTY-FIRST DAY. 

Monterey, Mexico, 
Tuesday, April 4, 1848. 

The court met; and, after deliberating on the testimony, ad- 
journed, to meet to-morrow, at 9 o'clock, a. m. 

— 

FIFTY-SECOND DAY. 






'? 



Monterey, Mexico. 
Wednesday, April 5, 1848. 

The court met; and, after deliberating on the testimony, ad- 
journed, to meet to-morrow, at 9 o'clock, a. m. 



191 [ 62 ] 

FIFTY-THIRD DAY. 

Monterey, Mexigo, 
Thursday, April 6, 1848. 

The court met pursuant to adjournment. Colonel Tibbatts being 
absent, the court adjourned, to meet to-morrow, at 10 o'clock, a. m. 



FIFTY-FOURTH DAY. 

Monterey, Mexico, 
Friday, April 7, 1848. 

The court met pursuant to adjournment: present, all the mem- 
bers and the judge advocate, recorder. 

Lieutenant Colonel J. A. Fagg, North Carolina volunteers, wit- 
ness, Called at the request of Colonel Paine, duly sworn. 

Question by Colonel Paine. Were you present on the evening 
of the 14th of August last, when a disturbance occurred in the 
camp of the North Carolina volunteers at Buena Vista; and if so 7 
state what occurred. 

Answer. I was present on that evening; I was officer of the day; 
I visited the hacienda late in the evening. When I returned to 
camp I was very unwell, and confined to my tent. While I was 
taking a cup of coffee, I heard a considerable noise in the direction 
of Colonel Paine's tent, laughing, &c. I supposed at the time 
that something occurring among the officers had gi^en rise to the 
merriment. In a very short time, Dr. MacRea came to my tent 
door, and told me there was quite a crowd out near the colonel's 
tent. I then stepped out of my tent; saw a large crowd collected 
around the wooden horse; I ordered them to disperse; they did not 
do so. I then ordered out twenty men from company D. It was 
with great difficulty that I succeeded in getting any men to turn 
out. And, finally, I got four or five only. The sergeant appeared 
to be much alarmed, and seemed not to know what he was about; 
and but for the assistance of Lieutenant Nicholls, I doubt if I should 
have got any men. I ordered them to charge their pieces; at 
which time the mob dispersed. From their dress, I took them to 
be from the Virginia and Mississippi regiments. The crowd, as 
well as I remember, amounted to considerably over a hundred men. 
I retired to my tent after the crowd had dispersed. Everything 
was quiet, as well as I recollect, until after tattoo. A very short 
time after roll call I heard a considerable noise in the rear — bray- 
ing, neighing, and hallooing. I went out again, and I think I or- 
dered out the whole of company E. I ordered them to charge their 
pieces, to go in the direction of those disorderly persons, and dis- 
perse them. And if they offered any resistance, to fire by file, until 
they had arrested or dispersed them. The lieutenant went in the 
direction of those disorderly persons, and I suppose they dispersed; 
I heard nothing more of them. This occurred in the camp of the 
North Carolina regiment, at Buena Vista. 



[62] . 182 



Question by Colonel Paine. When you ordered the soldiers of 
company E to charge their pieces and fire if any resistance was 
offered by the disorderly persons, was any response made to your 
order"? 

Answer. There was a response. Some one said, li damn strong 
orders," or " severe orders;" something to that effect was said. I 
don't recollect precisely now. 

Question by Colonel Paine. Do you know by whom the response 
was made, and from what direction it camel 

Answer. I do not know; the impression on my mind at the time 
was that it proceeded from some officer. I thought it strange at the 
time, but I am convinced there were officers in the crowd, who ap- 
peared to be mere lookers on. They seemed to take no interest in 
suppressing the disturbance. 

Question by Colonel Paine. Were any company officers of the 
North Carolina regiment present at the scene of the disturbance, 
of which you spoke in your answer to the first question; and if so, 
did they or not attempt to suppress the disorder, or offer any as- 
sistance in suppressing if? 

Answer. There were officers present. I received no assistance 
from any officers except from Lieutenant Nicholls. 

Question by Colonel Paine. Do you remember what officers were 
present on the evening or night of the 14th August last, at the 
scene of the disturbances of which you speak? 

Answer. I do not. 

Question by Colonel Paine. State what you know of the dis- 
turbances on the night of the 15th August last, in the camp of the 
North Carolina volunteers, at Buena Vista, the night on which the 
pistol was fired in camp. 

Answer. Some time after dark, on that night, I was in my tent, 
very sick; I was vomiting and in the rear of my tent. I heard a 
considerable number of persons laughing and talking. They passed 
on in a short time. I think it was but a short time after they had 
passed, that Colonel Paine came to my tent. He told me there 
was another mob. I am not positive about this, but I think he told 
me at that time, they had been throwing rocks at his tent. There 
was some conversation then passed between Colonel Paine and 
myself, as to what he should do towards dispersing those individu- 
als. I think I inquired of Colonel Paine, whether his arms were 
loaded. As well as I recollect, he stated they had been for some 
time. I then told him to take my pistols, that they were better 
than his, and if necessary, to shoot, and damn them, to continue to 
shoot. Colonel Paine thfcti took my pistols; he retired. A short 
time after, I heard Colonel Paine hail, as I suppose, the mob. He 
ordered them to halt" three different times, loudly and distinctly. 
If you do not halt I will fire. Some one replied, fl shoot and be 
damned," at which time the pistol was discharged. I heard some 
person halloo, and I was informed, in a short time after, that one 
of our men was shot through the body, and a man of the Virginia 
regiment shot in the hand. The mob, I think, then dispersed. 

Question by Colonel Paine. When did you' join the North Caro- 



183 . [ 62 ] 

lina regiment at Buena Vista, and how long had the regiment been 
stationed there before your arrival'? 

Answer. I joined the regiment the 2d day of July, at Buena 
Yista. I understood it had been stationed there some ten or fif- 
teen days previous; I am not positive as to this. 

Question by Colonel Paine. Do you know what was the conduct 
of the soldiers of the Virginia and Mississippi regiments towards 
Colonel Paine at Buena Vista. 

Answer. It was very bad. It was a common rumor in camp that 
this bad conduct proceeded from Colonel Paine's requiring from 
them a strict discharge of their duty as sentinels. Their bad con- 
duct was evinced by braying, neighing, &c, whenever Colonel 
Pains passed the lines. It was also a rumor in camp that men be- 
longing to the Mississippi and Virginia regiments had threatened 
to take Colonel Paine's life. 

Question by Colonel Paine. Were these insults and threats to 
Colonel Paine generally known amongst the officers of the North 
Carolina regiment? 

Answer. I can't say, of my own knowledge, that they were gen- 
erally known; but I can't see how they could avoid being known. 

Question by Colonel Paine. Did you, at the time of the disturb- 
ances, know of any disaffection existing towards Colonel Paine 
amongst the companys' officers of the North Carolina regiment] 

Answer. There was disaffection at that time. 

Question by Colonel Paine. Did you or not know from what 
this disaffection towards Colonel Paine proceeded. 

Answer. I understood it proceeded from the discipline which 
Colonel Paine established in his regiment. 

Question by Colonel Paine. Will you state whether or not Colo- 
nel Paine^ever required, from any officer or soldier under his com- 
mand, the discharge of any other duty than such as was required 
by the orders of General Wool, or the rules of the service. 

Answer. Never to my knowledge. 

Question by Colonel Paine. Will you state whether or not Colo- 
nel Paine required, from all officers and soldiers under his com- 
mand, a faithful discharge of their several duties'? 

Answer. He did. 

Question by Colonel Paine. Will you state whether or not Co- 
lonel Paine himself observed strictly all rules for the good order, 
discipline, and instruction, of his regiment 7 ? 

Answer. He did. 

Question by Colonel Paine. Did or did not Colonel Paine ever 
permit, to your knowledge, a violation of orders, or breach of dis- 
cipline, to pass unnoticed'? * 

Answer. Never. 

Question by Colonel Paine. Will you state whether or not there 
Was difficulty in enforcing obedience to orders from officers and 
men of the North Carolina regiment while at Buena Vista? 

Answer. I have heard Colonel Paine complain frequently. I 
have had frequent cause of complaining also, myself, that it was 
difficult to have orders obeyed. 



[62] 



184 



Question by Colonel Paine. Did it, or did it not, in your opinion, 
require the personal interference and attention of Colonel Paine to 
obtain from the soldiers of the North Carolina regiment, at Buena 
Vista, prompt attention to their duties in camp? 

Answer. It did. 

Question by Colonel Paine. Will you state if you have ever 
considered Colonel Paine's conduct towards the officers of his 
regiment, on drill or elsewhere, disrespectful to them. 

Answer. I never h^ve so considered it. Colonel Paine's inter- 
course has never been familiar with his officers, at least not to the 
extent I have seen in some of the regiments. I think it proper to 
state that a person not well acquainted with Colonel Paine, might 
consider him a man rather distant, and never familiar even with 
his best friends. 

Question by Colonel Paine. Have you or not considered Colonel 
Paine, in his rules of discipline, or in his manner of enforcing it, 
tyrannical or overbearing'? 

Answer. I have not considered him tyrannical or overbearing. 
I have sometimes thought he might have effected as much in a 
milder way. 

Question. Was any part of the camp assigned to you at Buena 
Vista for your particular superintendence? 

Answer. Yes, the right wing was assigned to me. 

Question by Colonel Paine. What was the state of A company, 
North Carolina regiment, in camp at Buena Vista, up to the 15th 
August last, as regards the personal appearance of the men? 

Answer. It was bad. 

Question by Colonel Paine. Was there or not a very great 
improvement in the soldiers of A company, North Carolina vol- 
unteers, in a very short time after Captain Buck took command 
of it? 

Answer. There was. 

Question by Colonel Paine. At what time did you leave the 
North Carolina regiment; and, at the time of your departure, what 
was the condition of A company, compared with the other compa- 
nies of the regiment? 

Answer. I think I left it about the 25th October, 1847. A com- 
pany was in a superior condition to most of the other companies 
there. All our companies were in good condition at that time, 
but theie appeared to be more pride in A company than in any 
other. 

Question by Colonel Paine. Did you, or not, notice any acts of 
an insubordinate character on the part of Lieutenant Singletery 
previous to his discharge on the 16th August last? 

Answer. I had noticed such acts. There was considerable com- 
plaint about Lieutenant Singletery. I think he was in arrest 
several times. Colonel Paine and myself conversed in reference 
to him a number of times. I think I asked Colonel Paine "What, 
in the name of God, Lieutenant Singletery meant?" The reason 
why I thus asked Colonel Paine was because, from previous con- 
versation in regard to Lieutenant Singletery, I considered Colonel 



185 [ 62 1 

Paine well disposed towards him, as I was myself. I felt a deep 
interest in him. I once visited the guard at a late hour of the 
night; Lieutenant Singletery was in charge of the left guard. As 
I approached the guard tents, I was hailed by the sentinel. I dis- 
covered a man in rear of the guard tent putting* on his accoutre- 
ments. I ordered the sentinel to note that man. I then called for 
the officer of the guard three times. He finally answered. He 
stated he could not recognize me until the countersign was com- 
municated to him. I then ordered him to note that man who was 
putting on his accoutrements at the corner of the tent. He suf- 
fered the man to pass between him and the tent, and failed to 
report him, when I thought it was completely in his power to have 
done so. In making my report the next morning to General Crush- 
ing, I mentioned this matter to him, and asked him what I should 
do, telling him that I disliked to arrest Lieutenant Singletery, from 
the fact that he was a young man whom I had thought well of, and 
that it appeared he was hardly out of one difficulty before he fell 
into another; that, therefore, unless he ordered differently, I should 
let the matter pass by. 

Question by Colonel Paine. Did you, or not, consider that a 
mutiny took place in the camp of the North Carolina volunteers, 
on the night of the 15th August last? 

Answer. I did. 

Question by Lieutenant Singletery. When you saw the man put- 
ting on his accoutrements, in rear of the guard tent, was, or was 
not, Lieutenant Singletery in front] 

Answer. As well as I recollect, they were both on a line with 
the guard tent. I was very much astonished at the circumstance, 
as the orders were very peremptory in regard to not taking off ac- 
coutrements. I thought Lieutenant Singletery, from his position, 
could see the man. 

Question by Lieutenant Singletery. Did, or did not, Lieutenant 
Singletery assure you that he did not see the man, and endeavor to 
ascertain who he was] 

Answer. Not that I recollect. I think if he had made such a 
statement to me, that, with the feelings I entertained towards 
him, I would not have mentioned the matter to General Gushing. 

Question by the court. Did, or did not, Col»nel Paine, in your 
opinion, receive from the company officers of his regiment that sup- 
port to which he was entitled, and which it was their duty to ren- 
der on the nights of the 14th and 15th of August, 1847] 

Answer. I do not think he did. 

Question by the court. Did you, or not, perceive any change in 
the discipline and conduct of the North Carolina regiment after the 
discharges of Lieutenants Pender and Singletery; and, if so, 
of what character was it] 

Answer. I think there was a change; it was for the better, both 
among the officers and men. 

Lieutenant Singletery here requested to place on the record the 
following statement, to which the court consented: 

I did refuse to recognize Colonel Fagg, on the occasion referred 
:3 



[62] 



186 



to, until he had communicated the countersign, which I conceived 
to be my duty; but I did not see the man who was putting on his 
accoutrements, and assured Colonel Fagg of this at the time. I 
furthermore endeavored to ascertain who the man was, by examin- 
ing the guards, and I never knew, until the present time, that 
Colonel Fagg was in any way dissatisfied with my conduct 
on that occasion. 

The court adjourned to meet to-morrow, at 9 o'clock, a m. 



FIFTY-FIFTH DAY. 

Monterey, Mexico, 

Saturday, April 8, 1848. 

The court met and adjourned over to Monday, April 10, at 
10 o'clock, a. m. 



FIFTY-SIXTH DAY. 

Monterey, Mexico, 

Monday, April 10, 1848. 
The court met pursuant to adjournment, and, after deliberating 
on the testimony, adjourned to meet to-morrow, at 10 o'clock,-**, m. 



FIFTY-SEVENTH DAY. 

Monterey, Mexico, 

Tuesday, April 11, 1848. 

The court met pursuant to adjournment. Present: All the mem- 
bers and the judge advocate. 

Finding of the Court. 

After careful consideration of all the testimony, the court unan- 
imously agree that the following material facts are estab- 
lished, viz: 

1st. Previous to the 15th August, 1847, there existed in the North 
Carolina regiment of volunteers a feeling of dissatisfaction and dis- 
content towards Colonel Paine, on the part of several officers of his 
regiment, chiefly in consequence of the strict discipline which he 
required from his eommand. 

2d. On the 7th August, 1847, eight company officers of the North 
Carolina regiment addressed a joint letter directly to Major Gen- 
eral Z. Taylor, in which complaint is made of Colonel Paine's 
conduct. 



187 [ 62 ] 

3d. Previous to the 15th August, while the North Carolina regi- 
ment was stationed at Buena Vista, frequent threats of personal 
violence were made against Colonel Paine, by soldiers of the vol- 
unteers regiments encamped at Buena Vista, in consequence of his 
requiring from them, when field officer of the day, a strict 
and faithful performance of their duty. 

4th. Highly insubordinate and mutinous conduct on the part of pri- 
vates of the Virginia regiment, and in which privates of the Mis- 
sissippi and North Carolina regiments also participated, was exhi- 
bited in the camp of the North Carolina regiment, at Buena Vista, 
on the evening of the 14th August, 1847; during which occur- 
rences, a wooden horse, constructed as an instrument of punish- 
ment, whicli had been placed near the tent of Colonel Paine, was 
thrown down and partially destroyed. 

5th. On the night of the 15th of August, 1847, numerous stone^, 
of a large size, were thrown by a mutinous party of soldiers against 
the tent of Colonel Paine, while he was therein; and, likewise, at 
himself, while standing in one of the streets of the camp. 

6th. On the night of the 15th of August, 1847, there was much 
disorderly conduct in the camp of the North Carolina regiment, 
and, after tattoo, a mutinous party of men, composed of soldiers 
belonging to the Mississippi, North Carolina, and Virginia regi- 
ments — but chiefly from the latter — assembled in the camp of the 
Virginia regiment, near the camp of the North Carolina volunteers; 
while there, tjiey evinced in their language and conduct intentions 
of violence towards Colonel Paine, together with other mutinous 
designs. They then proceeded in the direction of Colonel Paine's 
tent; Colonel Paine observed their approach and advanced towards 
them; they immediately ran, and he ordered them to halt, threat- 
ening to fire upon them; this Order they refused to obey. A voice 
replied, u fire, God damn you!" Colonel Paine discharged a pistol 
at the mutineers, by which a private, belonging to the North Caro- 
lina regiment, was killed, and another private, belonging to the 
Virginia regiment, wounded. 

7th. Captain Rowan, or Captain Young, of the Virginia regiment, 
and Assistant Surgeon Caulfield, United States Army, saw the mu- 
tineers while assembled in the Virginia camp, and overheard their 
mutinous expressions. Not one of these officers did "use his ut- 
most endeavor to suppress the same," or Jc give information thereof 
to his commanding officer," as enjoined by the eighth article of war. 

8th. During the evenings of the 14th and 15th of August, 1847, 
while the mutiny was in progress, a portion only of the company 
officers of the North Carolina regiment discharged their duty; from 
the residue of his officers Colonel Paine did not receive that support 
which he had a right to expect and which it was their duty to render. 

9th. On the morning of the 16th of August, 1847, twenty-three 
of the company officers, and two of the staff officers, of the North 
Carolina regiment, addressed a joint letter to Colonel Paine, re- 
questing him to "surrender his commission." [See paper marked C] 
10th. On the afternoon of the 16th of August, 1847, Brigadier 
General John E. Wool, then in command of all the forces in and 



L62] 



188 



near Saltillo, issued an order, dishonorably discharging from the 
service of the United States Lieutenants Pender and Singletery, 
whose names headed the list of signatures appended to the paper 
requesting Colonel Paine to surrender his commission; the order 
likewise dishonorably discharged two privates, Jason Hunter, be- 
longing to the North Carolina regiment, and Thomas King, of the 
Virginia regiment, who had been active in promoting the mutinous 
proceedings of the two preceding nights. [See paper marked H.] 

11th, Major General Z. Taylor, at that time in command of the 
army of occupation, approved of the discharges of Lieutenants Pen- 
der and Singletery. [See paper marked T.] 

12th. Major General Winfield Scott, in a written communication, 
dated Washington, August 20, 1846, addressed to Brigadier General 
John E, Wool, authorized him to grant discharges ( u honorable or 
otherwise") to volunteer officers from the service of the United 
States. [See paper marked S.] 

13th. On the 17th of August, 1847, twelve of the company officers 
of the North Carolina regiment tendered, in writing, to Colonel 
Paine, their resignations. 

14th. On the 17th of August, twenty of the company officers of 
the North Carolina regiment, who had previously signed the paper 
marked " C," calling on Colonel Paine to surrender his commis- 
sion, requested that their names might be erased from that paper. 

15th. Lieutenant Singletery dratted the letter, addressed to 
Major General Taylor, complaining of Colonel Paine's conduct. 
Lieutenants Singletery and Pender drafted and procured signatures 
to the letter calling on Colonel Paine to surrender his commission. 

16th. Lieutenant Singletery and Lieutenant Whittaker, at that 
time orderly sergeant of Lieut. Singletery's company, were aware, 
previous to its actual occurrence, of the contemplated disturbance 
on the night of the 15th August. [See papers marked O and P. j 

17th. Colonel Paine, on the night of the 15th August, ordered 
Lieutenant Singletery to bring a guard of twenty men to his tent, 
which order Lieutenant Singletery neglected to obey,. 

18th. On the evening of the 14th, and during the night of the 
15th of August, numbers of men belonging to companies D, H, and 
K, of the North Carolina regiment, refused to obey orders. 

Opinion of the court. 

The court are unanimously of the opinion: 

1st. There was a mutiny in the camp of the brigade of volun- 
teers at Buena Vista, Mexico, on the night of the 15th of August, 
1847. 

2d. That Colonel Paine, from the time he entered the service 
of the United States, has shown himself to be a zealous and faith- 
ful officer, and in firing on the mutineers in the camp at Buena 
Vista, on the night of the 15th August, 1847, by which one man 
was killed and another wounded, he acted strictly in the line of his 
duty. 

3d. That General Wool, in discharging dishonorably from the 



189 [ 63 ] 

service of the United States first Lieutenant Josiah S. Pender and 
first Lieutenant George E. B. Singletery, North Carolina volunteers, 
and Private Jason Hunter, company A, North Carolina regiment, 
and Private Thomas King, company G, Virginia regiment, on the 
16th of August last, was actuated solely by considerations for the 
good of the public service, and that the crises demanded prompt 
and decisive measures to restore order and discipline, the propriety 
of which, as adopted by General Wool, was fully demonstrated by 
the> subsequent conduct of the volunteer forces at Buena Vista. 



FIFTY-EIGHTH DAY. 

Monterey, Mexico, 
Wednesday, April 12, 184& 

The court met pursuant to adjournment. Present all the mem- 
bers and the judge advocate, recorder. 

Having revised their finding and opinion, and no further business 
being before them, the court adjourned sine die. 

R. E. TEMPLE, 
Colonel 10th infantry, president, 
JAMES H. PRENTISS, 
Captain 1st artillery, judge advocate, recorder* 



[68] 



190 

A. 



N. C. Regiment of Volunteers, Camp Arispa's Mills, 

Near Saltillo, Mexico , Jlugust 29, 1847. 
Dear Sir: Upon reflection, in regard to the request made of me 
by y° u yesterday — holding as I do a situation in the staff— I be- 
lieve it to be highly improper for me to interfere, more particularly 
as the papers require a combination of action on the part of the 
officers. Like combinations have already been construed into mo- 
tives of a mutinous character; by moving in the matter I might 
lay myself liable to punishment more severe than^any other officer 
of the regiment. I hope my excuse will be deemed sufficient; and 
believe me, any service I can render you, without compromising 
my duty, I most cheerfully will bestow. Enclosed I send you the 
papers entrusted to me. 

Allow me to suggest that any certificates you wish should be of 
an individual character. 

Believe me, yours, truly, 

S. SINGLETON. 
Lieutenant Geo. E. B. Singletery. 



B. 

Camp at Saltillo, Mexico, 

Jlugust 28, 1847. 

On the night of the 15th of August, Colonel Paine, in my pre- 
sence, ordered Lieutenant Singletery to send him twenty or twenty- 
five men to patrol the camp. Not more than five minutes after- 
wards, the explosion of a pistol was heard in camp, and the whole 
regiment ordered out under arms. Under orders, I went to the left 
wing to see that the call was properly obeyed. I found Lieutenant 
Singletery in command of his company under arms. He inquired 
if the colonel now wished for the patrol from his company. I told 
him I supposed not, of course, as the whole regiment was turned 
out. He said he thought so, but wished to be certain. Shortly 
afterwards I saw the colonel, and asked him if he had any further 
orders. He said he had none — to dismiss the companies. I car- 
ried the order accordingly to Lieutenant Singletery among the rest. 
He again inquired if the patrol was now wanting from his company, 
and I told him I supposed not. A day or two afterwards, Colonel 
Paine called on me to know if the officers had all discharged their 
duty that night. I told him they had done so faithfully where I 
had been. In the conversation I had with General Wool, before 
Lieutenant Singletery was discharged, I told him the same. 






191 [ 62 ] 

c. 

Buena Vista, August 16, 1847. 

Sir: We, officers of the North Carolina regiment of volunteers, 
believing that it is essential to the quiet and harmony of our regi- 
ment, request that you will surrender the commission you now 
hold. 

JOS. S. PENDER, 
Lieutenant commanding, company A. 
BENJAMIN STATON, 
Second Lieutenant, company E. 

ROBERT M. WILEY, 
Second Lieutenant, company I. 

1. WM. T. GRAVES, 
S. P. TIPTON, 

Captain, company K. 
S. K. NASH, 

First Lieutenant, company D. 
A. F. KEITH, 
Second Lieutenant, company D. 
S. NICHOLS, 

Second Lieutenant. 
J. M. ISRAEL, 
First Lieutenant, company K. 
JOHN GOODMAN, 
First Lieutenant, company K. 
WILLIAM McKERRALL, 
Second Lieut, com) g, company E, N. C. vols. 
ED. YARBOROUGH, 
Second Lieutenant, company H. 
GEO. E. B. SINGLETERY, 
First Lieutenant commanding, company H. 
4. WM. A. KIRKPATRICK, 

Captain, company I, 
Z. L. THOMPSON, 
Second Lieutenant, company B. 
H. A. AREA, 

First Lieutenant. 
HENRY ROBERTS, 

Captain, company B. 
D. S. JOHNSON, 
First Lieutenant commanding, company F. 
J. S. MITCHELL, 
Second Lieutenant, company F. 
, THOS. M. DUNHAM, 

First Lieutenant, company I. 
S. W. HYATT, 

First Lieutenant. 

2. SOLO. PENDER, 

Assistant Quartermaster. 



[ 62 ] 192 



To Colonel R. T. Paine 



TILMAN BLALOCK, 

Captain, 
NELSON HOUGH, 
Second Lieutenant, company C. 
3. JAS. A. MACRAE, 

Assistant Surgeon. 



Nos. 1, 2, and 3 requested that their names might be stricken 
from the above, requiring Colonel Paine to resign. At the request 
of Capjtain Kirkpatrick, his name has been stricken from this paper 
— No. 4. 

JOHN E. WOOL. 



Buena Vista, August 17, 1847. 

Sir: You are hereby authorized to have my name stricken from 
the petition which was yesterday handed in to General Wool, ask- 
ing a resignation of Colonel Paine as colonel of the North Caro- 
lina regiment of volunteers. 

Respectfully, your obedient- servant, 

TILMAN BLALOCK, 
Captain, company D, JV\ C. volunteers. 
To Brigadier General Cushing. 



D. 

Brigade of Infantry, 

August 17, 1847. 

Sir: We, the undersigned, certify on honor that we had no mu- 
tinous intentions in signing the "request" sent to Colonel R. T. 
Paine, of the North Carolina regiment volunteers, on the 16th inst., 
and respectfully desire that our names shall be stricken from that 
list. 

HENRY ROBERTS, 
Captain j company B, JY. C. vols. 
FILMAN BLALOCK, 

Captain, company D. 
ROBT. WILEY, 
Second Lieutenant, company F. 
D. S. JOHNSON, 
First lieutenant com? g, company F f 
WM. M. KERRALL, 
Seco7id Lieut., company C, JY. C. vols. 

WM. C. KIRKPATRICK, 
Captain corn's, company C, JY. C. vols. 
BENJAMIN STATON, 

Second Lieut., company C. 



193 [ 62 ] 

JOHN GOODSON, 

Second Lieut., company K. 
Z. L. THOMPSON, 

Second Lieut., company B. 
J. S. MITCHELL, 

Second Lieut., company F. 
A. F. KEITH, 

Second Lieut., company C, vols. 
S. W. HYATT, 
Second Lieut., company A, N. C. vols, 
THOS. W. DUNHAM, 

First Lieut., JV\ C. vols. 
S. NICHOLS, 

Second Lieut, JV\ C. vols. 
NELSON SLOUGH, 
Second Lieut., company D, N. C. vols. 
S. K. NASH, 
First Lieut., company D, JV\ C. vols. 
ED. YARBOROUGH, 
Second Lieut., company D, N. C. vols. 
HENRY A. AREA, 
first Lieut., company C, JV\ C. vols. 
J. M.ISRAEL, 

First Lieut., company K. 
S. P. TIPTON, 
Captain, company K, N. C. vols. 



General Wool 



E, 

Camp at Buena Vista, 
August 7, 1847. 

Sir: It is with deep regret, for the necessity which compels us 
to do so, that we lay before the commanding general, a complaint, 
against the commander of our regiment, and it is only after long 
and patient submission to constant oppression that we at length do 
so. We will mention some of the many similar occurrences, on 
which our complaint is grounded. 

While in camp, near Monterey, on or about the 16th of June, 
Private William Thompson, North Carolina volunteers, under ar- 
rest, was sent for, and having saluted the commanding officer in 
the usual manner, was ordered to stand with his hat off. Not 
doing this very readily, the colonel of our regiment attacked him 
with his fists, and continued the scuffle for several minutes, till 
exhausted by his efforts, he concluded by throwing a tin basin at 
his head, Thompson only warding off the blows. This occurred in 
the most public part of the encampment. 

On or about the 14th of July, at camp at Buena Vista, Private 



[62J 



194 



William Brand, of North Carolina volunteers, took a stick of wood 
from the pile for the use of the regiment. Brand was ignorant of 
any violation of orders in doing so, and no order, to this effect, 
had been, in any way, generally made known. Colonel Paine 
cried out to him, with a loud oath, to put it down, (which he did 
instantly,) and then ordered a non-commissioned officer to strike 
him with a heavy stick, and enforced obedience to this order, say- 
ing that when "he ordered him to knock a man down, he must do 
it, or he would knock him down." In two other instances, he has 
been guilty of similar violence, to men under his command not be- 
longing to the regiment; in one case using his fists, and in the 
other knocking a man senseless, with the swingletree of a wagon. 
But it is not of these things, though most glaring, that we mostly 
complain. He has, in several instances, placed officers in arrest, 
close arrest, for the most trifling and insignificant causes; and he 
has habitually treated them with the greatest disrespect, attempting 
secretly to destroy their authority over their men, seeming to re- 
gard them more as brutes than men. But we do not wish to annoy 
you with multiplied examples, which are daily occurring. 

We are proud of the character of our regiment, for good order 
and discipline, and we will continue to use our utmost endeavors to 
sustain it. It is their birthright, as citizens of North Carolina, but we 
have still the sensibilities of men and the feelingsof freemen, and it is 
not a part of their character to submit always to grinding op- 
pression. That Colonel Paine has, in many instances, been guilty 
of conduct which would subject him to the severest judgment of 
a court martial, no one can deny, and we request that the com- 
manding general will order his conduct to be submitted to the con- 
sideration of that tribunal, whose investigation he has refused to 
others. 

GEO. E. B. SINGLETERY, 
First Lieut. com J g, company H, JV\ C. vols, 
WM. E. KIRKPATRICK, 

Captain, company I, J\T. C. vols, 
JO. S. PENDER, 
First Lieut, com' g y company ./?, JV\ C. vols. 

D. S. JOHNSON, ' 
First Lieut, com? g, company F, JV\ C. vols. 
HENRY ROBERTS, 

Captain, company J5, JV\ C. vols. 
WM. M. KEITH, 
Second Lieut, com'g, company E, N. C. vols. 
TILMAN BLALOCK, 

Captain, company Z), N. C. vols. 
S. K. NASH, 
First Lieut, com'g, company D, JV\ C. vols. 

Captain P. N. Henry, company G, has not been with the regi- 
ment, since the 16th of April. 

Major General Zachary Taylor, 

Commanding army of occupation. 



195 [ 62 ] 

[Endorsement on the within.] 

Buena Vista, 
August 7, 1847. 

Several officers of North Carolina regiment. 

The commanding general refers this complaint to Brigadier 
General Wool, for such action as he may deem the good of the 
service to require. The complainants should, at least, be admon- 
ished that all representations of the kind ought to come through 
the proper channel. The general remarks that some of the com- 
plaints refer to matters of long standing, occurring near his head- 
quarters, and which then should have been brought to his know- 
ledge, and complain of the conduct of Colonel Paine; also that 
one of the complainants (Captain Blalock) has been convicted of 
disgraceful conduct, and another (Lieutenant Pender) placed in 
arrest by his colonel. 

Respectfully, 

W. W. S. BLISS, 
Assistant Adjutant General. 

August 15. 

August 10. — Referred to Colonel Paine for a report. 

JOHN E. WOOL, 
Brigadier General. 
August 27, 1847. 



F. 



Head-quarters N. C. Regiment of Volunteers, 

Arispa's Mills, near Saltillo, August 28, 1847. 

Dear Sir. The commanding general did me the honor to submit 
to me, for a report thereon, a letter of complaint against me, dated 
at Buena Vista, August 7, 1847, signed by Captains Blalock, 
Roberts, and Kirkpatrick, and Lieutenants Singletery, Pender, D. 
S. Johnson, McKerrall, and Nash, all of the North Carolina vol- 
unteers. I was astonished on reading the complaints to find that 
any one, much more an officer in my own regiment, could be found 
to bring charges of the character of some of those in the letter 
against me. If those referring to the treatment of my officers be 
true, I have indeed been guilty of offences for which I deserve 
condemnation and disgrace. A man is not a correct judge of his 
own conduct and manner, and whatever report, as regards my con- 
duct and manner towards my officers the commanding general 
may desire, I hope he will not require of me, but of those officers 
of my regiment who have had the best means of observing my 
conduct since I have taken command of the regiment. If I were 
to speak for myself, testifying in the matter according to what has 
been my feelings and sense of duty, I would say that I have at 



[62] 



196 



times, in the course of discipline and instruction in my regiment, 
spoken impatiently, perhaps too impatiently; and it may be that I 
have addressed officers negligent or careless of their duties in an 
excited manner — I say I have done this; not that I remember any 
time of so doing, but, because if I have not, I certainly have acted 
with more meekness and patience, under multiplied causes of 
provocation, than I believe it possible for me to act. I shall enter 
into no controversy with these officers about the discharge of my 
duties, or the manner in which those duties have been discharged. 
All I say about it is this: I have never treated any man, much less 
an officer, with the slightest intentional disrespect. I have never 
entertained towards any, ill feeling, although I have often been 
provoked by their conduct; and 1 have never inflicted punishment 
of any kind on any one, unless for an offence occurring at the time 
of its infliction; and I have always endeavored so to act that the 
punishment should not be greater than the offence merited. 

You know, sir, that circumstances will justify in a commanding 
officer a resort to summary punishment for offences. Now, in the 
case of the "man not a soldier of the regiment" being "knocked 
down by the swingle-tree of a wagon." This occurred at the 
mouth of the Brassos, about the 27th March.* The man knocked 
down was a teamster under my command. I was some distance 
from my troops, hastening the transportation of the train across 
the river, and behind one of the wagons I saw a man helping him- 
self to wine out of my demijohn. I reproved him severely in 
words, and called for his immediate commander, who came up and 
said he would punish him as he deserved. This was a man in the 
command sent to take care of the led horses. The man became 
very insolent, and I took up a stick which was lying near me and 
threatened to strike him if he continued his insolence, and the 
person having authority over him took him away by my orders to 
punish him. When about to return to my position on the river 
bank, I observed that I was surrounded by some twenty or more 
teamsters, to whom or concerning whom I had said nothing, when 
one of them, stepping immediately before me, said, in a threatening 
manner, "I'll be God damned if the teamsters will submit to such 
treatment as that." I instantly felled the teamster to the earth, 
and ordering the others to their duty and seeing them obey, I had 
the surgeon called to the wounded man, and went to my former 
duty. No quartermaster was along with the command; but there 
was not one word of complaint made against the necessity and 
justice of the punishment by any that I have ever known, until 
made by these complainants. At the time, I did not know that a 
soldier was within a hundred yards of me; but soon afterwards 
Sergeant-major (now second lieutenant) White, North Carolina 
volunteers, told me he was standing just without the crowd and 
saw what occurred. So, in the case of Private Thompson, repre- 
sented by complainants as being beaten with my fists until I was 

* This act was reported by me to Major Grossman, A. Q. M., at Caraargo, as soon as I 
arrived there. 



197 [ 62 ] 

exhausted, because he did not readily stand with his hat off; the 
truth, in the first place, is not told, and his offence is concealed. 

The day after our arrival at camp, near Monterey, about the mid- 
dle of June, complaint was made to Major General Taylor that the 
troops under ray command had, on the march, and within three or 
four miles of his camp, stripped a peaceable Mexican of his grow- 
ing corn, doing great damage to his field. General Taylor sent 
over to me the complainant, with his letter, and, having found out 
the perpetrators of the outrage, I made them pay the damage, and 
otherwise punished them as, I thought, they deserved. Lieutenant 
Pender, having command of that part of the line from which the 
troops and teamsters went to maraud, and being mounted on horse- 
back for the purpose of preventing such acts, was ordered in arrest 
by me, because he calmly witnessed the whole depredation, 
and neither attempted to check it nor reported it to me. I reported 
to the commanding general what I had done, and it met with his 
approbation. That night, as I returned to my camp from the quar- 
ters of the commanding general, after tatoo, I heard some 
one swearing very violently; and, on coming up, I found Private 
Thompson standing at the front of his company quarters, and sev- 
eral other soldiers near. He was cursing me most violently for 
having punished the men for robbing the cornfield. Thompson had 
not been punished for this. I ordered him in custody with ray 
guard. Early next morning, I ordered him to be brought to my 
tent, intending to reprimand him. He came, conducted by a cor- 
poral and file of men; his manner, as he approached, was very inso- 
lent; his looks, threatening; and he stood before me with an air of 
bold and angry defiance. Whether he saluted me or not, in the 
usual way, according to the notions of the complainants, I cannot 
tell. This surely was not the way I had always required soldiers, 
under such circumstances, to stand before me. I invariably made 
culprits stand before me with uncovered heads. I told this man to 
take off his cap; he had often stood before me, with his hat off, in 
the character of an offender, and his looks now became more 
threatening. I rose from my seat and repeated my order in a stem 
tone of voice, when he replied that he took off his h*at to no man. 
This was said in a tone of such defiance that I would have felled 
the man to the earth, if there had been anything near me with which 
to have effected it. The only moveable thing near me was my tin 
wash-basin, and this I threw, striking him on the head. I then 
slapped his face several times with each hand open, and on his re- 
plying that he did not resist, I instantly ceased, and remanded him 
in confinement. Three or four hours afterwards, (Thompson in the 
meantime having desired to speak to me,) I had him brought again 
before me; he came up respectfully, took off his hat, expressed 
great sorrow for his conduct, hoped I would forgive him, and ex- 
cused himself, saying, that if he had not still been under the influ- 
ence of liquor, he would not have acted so. I did not report this 
act officially to Major General Taylor, but spoke of it at his tent, 
and before the officers of his staff*. I feel justified in what I did. 
Thompson bore a desperate character with his officers; they were 



[62] 



198 



actually afraid to punish him, insomuch that he was, for swearing 
at his officers, and positively refusing to obey, often brought to me 
to be compelled^ to obey. Captain Kirkpatrick, whose name, from- 
what has since occurred, I am astonished and regret to see 
appended to these charges, spoke of this punishment as well mer- 
ited. The man himself, Captain Kirkpatrick informed me a few 
days ago, had not complained of it, and bore towards me no unkind 
feeling for the chastisement. Since the occurrence, Thompson has 
been one of the best soldiers in the regiment, and, by the recom- 
mendation ©f his captain, was appointed a corporal. 

The facts in the case of Private William Brand, which occurred 
at Buena Vista, are also equally if not more perverted than in the 
former case. The first that I saw of Brand was standing near the 
kitchen of the non-commissioned staff, with wood on his shoulder. 
The drum-major, whom I had heard speaking several times, in an 
earnest tone of command, before I saw the parties, was standing 
before Brand, ordering him to put down the wood; telling him he 
had split it up and he should not carry it away, and directing him 
to the pile, for the use of the regiment, for wood. Brand had 
taken the wood from the musicians' pile and refused to put it down. 
I stood some* thirty feet distant, and saw, for a minute, what 
occurred. The drum-major held a stick in his hand, and told 
him several times, if he did not put down the wood, he would 
strike; and, the man still refusing to obey, I called out, "let him 
have it;" meaning to say, "strike him." Instantly a motion only, 
as I thought, was made by the drum-major, as if he would strike, 
and the man then threw down the wood, and not until then. 
Supposing that the drum-major had not obeyed my order, I went 
up to him, after the occurrence, and told him he knew I required 
obedience to orders, and that if I told him again to strike a man, 
or even to knock one down, and he did not obey, I would knock 
him down. Now, sir, if the officers of Brand had discharged 
their duty towards him, this would not have occurred; for I was 
informed by an officer, Second Lieutenant Singleton, then on extra 
duty in the surgeon's department, that Brand had been making a 
disturbance in his company, and was cursing and swearing about 
the company fire, and, no doubt, was angry in refusing to put the 
wood down when told. Having heard that officers complained to 
you that charges had been preferred against me for this act, and 
not noticed, I made inquiry into the matter, and learn from Major 
Stokes that during the sitting of the court martial, of which he and 
Lieutenant Pender were members, he recollects that a paper was 
handed in of this kind, and referring to this matter; that Lieu- 
tenant Pender took it and, he thinks, destroyed it. 

The last is the case of a teamster, who came into camp at Buena 
Vista, lying asleep, and drunk, on his wagon load of corn, after 
night. I had to have the man lifted out of the wagon. His officer, 
the then acting assistant commissary and assistant quartermaster of 
the regiment, being too drunk to know what he did, I could not, under 
the circumstances, have the teamster punished for drunkenness, from 
the example set him, and undertook to talk to him about his con- 






199 [ 62 ] 

duct, when he became insolent) and I pushed him off. The man, 
drunk as he was, did not fall from the push I gave him. Colonel 
Fagg was present, and saw this occurrence. 

The complainants say that "it is not of these things, though most 
glaring," they "mostly complain." They then go on to set forth, 
their grievances, in the language of our declaration of independ- 
ence. From their inability to draw up charges agafnst me, I pre- 
sume they have adopted their quotation because it contains charges 
of a grave and serious character. It would be well, were they ad- 
monished that a declaration of independence against military au- 
thority must prove prejudicial and ruinous to all who make it. 

As to the charge against me of "placing officers in arrest for the 
most trifling and insignificant causes," I simply answer, that Lieu- 
tenants Pender, Singletery, Wiley, Staton, and Mitchell have been 
ordered in arrest at different times, and no other officers of the re- 
giment. Lieutenant Pender has been in arrest three several times; 
once at General Taylor's camp, for the cause already mentioned; 
once by Order of General Wool, for disobeying a direct order to appear 
at battalion drill, and again by General Cushing, for failing to appear 
at parade; the latter arrest continued for one night, and mignt not 
have been desired, had it not been for this officer's frequent neg- 
lect of duty. Lieutenant Singletery was arrested three several 
times; once at General Taylor's camp, for positive disobedience of 
orders against remaining in Monterey all night. He was ordered 
to return to parade. This arrest amounted to a confinement to his 
quarters part of a day. He was again arrested, by order of Gene- 
ral Wool, on my report, as field officer of the day; and, on his re- 
fusing to resume his sword and return to duty next morning, he 
was continued in arrest. He had broken his first arrest, and I was 
inclined to favor his request for a court martial, but the command- 
ing general advised against it. His third arrest was by order of 
General Cushing, on a report made by me against him (Singletery) 
for neglect of duty and disobedience of orders. During his arrest 
he sent in his resignation, imputing to me improper motives in ar- 
resting him; and, by consent of General Cushing, his arrest was 
continued for six days. Lieutenant Wiley was in arrest part of a 
day at camp, near Monterey, for positive disobedience of orders 
against remaining in Monterey at night. He was ordered to return 
in the afternoon, and remained absent until ten or eleven o'clock 
next day. Lieutenant Staton was arrested for appearing, publicly, 
drunk in camp, at Buena Vista, and disturbing the quiet of the 
camp. The arrest was immediately reported to General Wool, and 
approved by him. A sentry had to be placed before his tent to 
enforce the arrest, and he finally became so furious, that I was 
compelled to threaten him with the gag, to stop his curses and 
noise. He disturbed the quiet of the adjacent camp. Lieutenant 
Mitchell was in arrest about ten or fifteen minutes, for failing to be 
at roll-call. This latter arrest I did not think it necessary to re- 
port; as, on representation of the thing being immediately made 
to me, I discharged him from arrest. I omitted the arrest of Cap- 
tain Roberts, for being drunk on duty, on which charge he was ar- 



[62] 



200 



raigned before the court martial at Buena Vista, and plead guilty, 
and was sentenced by the court. 

Now, sir, these are all the arrests of officers of my regiment, I 
remember ever to have made. The causes, and manner, and time 
of the arrests, are correctly stated, and I leave the commanding 
general to jut|lge if they were for slight and insignificant causes. 
The charge of secretly endeavoring to lesson thg influence of offi- 
cers over their men, I cannot notice. I have striven for nothing, 
since I had military command, with a more unyielding effort, than 
to attain perfect and absolute authority for every rank. I have 
never permitted disrespect to an officer; no, not even to a fourth 
corpora], to go unpunished. I have sternly and inflexibly exacted 
from all full and implicit obedience to the commands of a supe- 
rior; and my most earnest endeavor, from the start, has been, to 
instil into my officers that pride of rank and distinction which I 
felt was absolutely necessary to command respect. If there is any 
crime known to man, of which I am guiltless, it is of secretly at- 
tempting anything dishonorable and injurious to others; and most 
of all am I guiltless of this charge. I am not a fool, so as not to 
know that, by such an act, I would surely work out my own de- 
struction. 

I have never refused redress, and have never been called on for 
redress, and never knew, until since the mutiny occurred, that re- 
dress for injury received at my hand had ever been sought, or de- 
sired, against me by any one, officer or soldier, in my regiment. 
My officers have kept their bad feelings to themselves; they have 
met me smilingly; have not complained to me of my conduct; and, 
that such a combination existed among them, such a hostility to- 
wards me, as I now know to have existed, I never had the slightest 
idea of, until since the mutiny. It is true, I heard from an officer, 
that some of my officers (only three) were inimical in feeling to- 
wards me, and would frequently speak disrespectfully of me to 
other officers; but this I thought the common lot of every com- 
mander, and took no notice of it. 

There is a note at the foot of the letter of complaint, in these 
words: "Co. G. — Captain P. M. Henry has not been 'with the re- 
giment since the 10th of April. 5 ' It may be, that by this is meant, 
that had Captain Henry been present, he would have signed the 
letter. Under this supposition of their meaning, I have called on 
Captain Henry to make to the commanding general a statement, 
impartial and full, of what he knows and has seen of my conduct 
towards my officers. I made this request of Captain O. A. Buck, 
who was my adjutant up to the 1st August, and has always been 
present with me during my command. The same request has been 
performed, I presume, by Major Stokes, in the paper sent in on 
yesterday. What may be the character of these communications 
I know not, and desire not to know, until I retire from the com- 
mand of the regiment; but whatever they may be, I am willing to- 
be judged by them. The same request I shall also make of Colo- 
nel Fagg, when he is well enough to be troubled. 



201 [ 62 ] 

If I am condemned by these officers, then let me suffer, with or 
without trial, the punishment due to my office. My own conscience 
does not condemn me, yet I know a man must be judged by his 
acts and not by his intentions only. No one can tell my deep mor- 
tification at the loss of our military reputation. The character of 
my regiment was my greatest pride; but at one fell swoop we have 
fallen in the esteem of our commanding general. I dare not think 
how far. I know that a change of rulers is sometimes good to re- 
store tranquility and order. I shall ask permission to retire from 
the service, so soon as I can think that I have remained sufficiently 
long after the things which have occurred, to let my troops feel 
that they can gain nothing by resistance. My notions of discipline 
I plainly see cannot be carried out amongst volunteers, by the help 
of volunteer officers. These latter, I am sure, have acted in utter 
ignorance of their duties and responsibilities. 

I say so, because I cannot conceive how a man in an honorable 
and a highly responsible position, can allow his feelings so to con- 
flict with duty, as to hinder or alter his performance of it. My 
most earnest desire now is, that we may again be restored to confi- 
dence, and my utmost endeavors shall be exerted to attain so de- 
sirable an end. Sir, I beg leave to say in conclusion, that I can- 
not manage a controversy. I never had one. I have never before 
acted, except amongst those friends who have known me from child- 
hood, and those friends will believe nothing which detracts from 
my character. But the position I occupy gives me a public 
character to sustain, and this I am well aware must be upheld by 
other evidence than my own, if impugned. My conduct as an 
officer, since I have been under your command, is misrepresented, 
grossly so; my acts misconstrued, and my reports to you discredited. 
In what manner I may best meet these things, I call upon the com- 
manding general,, as my superior officer, for advice. The letter 
submitted to me, for a report, is herewith returned. 

I am, very respectfully, your obedient servant, 

ROBT. T. PAINE, 
Colonel, commanding N. C. regiment of volunteers. 

Captain Irwin McDowell, 

AssH Adft Gen., U. S. A., Head- quarters, Buena Vista, 



G. 

Head quartebs, N. C. Regiment of Volunteers, 

Brigade of Infantry, 
Buena Vista, Mexico, August 16, 1847. 

Dear Sir: As field officer of the day of the 15th August, 1847, 
I beg leave to report: I. That during the day everything was 
quiet in the camp. II. That a sentry of the rear guard was order- 
ed in confinement, with the provost guard, for sitting down on his 
post, and a new detail ordered. 

14 



[62] 



202 



III. That a little [before twilight, bands of men, from the Vir- 
ginia regiment, were walking the officers' and field and staff streets 
of my camp, sometimes passing close before my tent door, and 
going around my tent to the rear and back to the right flank of my 
encampment. These parties of men, varying in number from, 
five to ten or more, kept up this patrolling the streets of my camp. 
At dusk I apprehended one man out of a band of some ten or more 
soldiers, belonging to the Virginia volunteers, who had patrolled 
the street of my camp, and as usual, passed immediately around 
my tent to the rear, making a disorderly noise; and this man I 
carried and reported to Colonel Hamtramck, Virginia regiment of 
volunteers, who ordered him to be confined. There, at Colonel 
Hamtramck's quarters, I ordered the men of his regiment not to 
come into my camp, and I returned to my quarters. 

A body of one hundred or more in number, of the Virginia volun- 
teers, had, the evening previous, assembled in my quarters, within 
a few steps of my tent, and committed a gross and violent outrage 
and disorder. About 8 o'clock, p, m., the 15th, whilst standing be- 
fore my tent, a large stone was thrown towards me by some un- 
known person, and came near hitting me; and soon thereafter I saw 
several soldiers of the Virginia volunteers passing down the officers' 
street of my camp who, on being hailed by me, fled towards their 
regiment, cursing me as they ran towards the camp of the Virginia 
volunteers. Parties of men of the Virginia volunteers were occa- 
sionally passing to the rear of my tent, and rocks of a pound weight 
were frequently thrown very near me and against my tent. I de- 
sired, to write a letter, and apprehending some personal danger from 
the evidences of design to injure me if possible, I ordered my 
sergeant major to detail a quarter guard of eighteen men and post 
sentinels in the rear of my tent, with loaded arms, to prevent any 
other than soldiers of my regiment from passing to the rear, and 
to apprehend all other persons attempting to pass them. 

He reported to me the companies from which the detail was 
ordered to be made, and the detail from those companies only were 
brought up by their respective first sergeants. The first sergeant 
of K company, from which a detail of two men had been ordered, 
reported to me that he had ordered out privates Robert Rodgers 
and John R. Stradley, both of whom positively refused to obey the 
order or to turn out; and that private Jason Hunter, of A company, 
North Carolina volunteers, was in his company quarters, persuading 
the men to disobedience. I directed said First Sergeant Palmer, 
of K company, to order out a file of men of his company, and take 
privates Roberts and Stradley to the provost guard; and in some ten 
minutes thereafter I went into the street of K company, and found 
the men in a state of open mutiny. 

First Lieutenant Israel, of that company, being in command, and 
not out attempting to quell the said mutiny, although he himself 
had given the command to Private Rodgers to turn out, I could 
not compel Private V. H. Williams, of this company, to obey my 
orders, given by me in person, until I had drawn my sword and 
held it over him, telling him I would cut him down if he did not 



203 [ 62 ] 

obey. I ordered Stradley to be taken to the provost guard, and 
as he went off in charge of Sergeant Henry of his company, he 
turned to the men of his company in line and said, " Boys, if you 
are men of your word, you will stick to it," or words to that 
effect. I now was convinced that a mutiny existed amongst the 
troops of my own regiment, and I ordered the men of the right wing 
of my encampment to their tents. I went towards my tent, and 
the rocks were again thrown at me, some striking my tent, and if 
they had fallen upon my head would have killed or seriously in- 
jured me. I passed out to the front of my encampment, to see if I 
could distinguish from what place the rocks were thrown, and 
passing along the left wing in front, I came up to the street of F 
company, and passed towards the right, stopping a moment at the 
officers' tent in company I, Captain Kirkpatrick being the only 
officer for duty with that company. First Lieutenant Singletery, 
commanding company H, North Carolina volunteers, was standing 
at this tent. I passed on to the tent of Captain Shive, and on ar- 
riving there, was met by one of the musicians, a drummer of the 
regiment, with the information that a large crowd of men, from 
the Virginia regiment of volunteers, had assembled in the right wing 
of my camp, and were talking together and noisy, very near the tent 
of Lieut. Colonel Fagg, N. C. volunteers, Colonel Fagg being, at the 
moment, very ill. I immediately called to First Lieutenant Sin- 
gletery, who still remained at the tent of Captain Kirkpatrick, and 
ordered him to call out ten files (twenty men) of his company, H, 
and bring them, with his first sergeant, to my tent immediately, 
stating to him the urgent necessity of the occasion. Lieutenant 
Singletery neither brought the men, nor did he make any report to 
me afterwards, but turned out his company at the call, and kept 
them under arms in their street. I then walked down towards the 
lieutenant colonel's, tent, and saw, in the company officers' street, 
nearly opposite, a large crowd of persons grouped together, and 
on approaching the crowd, I recognized, principally, the uniform 
of the Virginia volunteers. The men of my own regiment had 
been repeatedly ordered to their tents by myself and other officers, 
and I had no cause to suppose that they were a part of this crowd. 
On getting near the crowd, who were stationed in the quarters of 
company A of my regiment, I challenged the crowd, and it began 
to waiver. I approached quickly up towards the men, and ordered 
them to stand; they now commenced scattering, and I advanced, 
ordering them to halt repeatedly, or I would fire. I was armed 
with my sword and a brace of pistols, and upon my advancing the 
crowd scattered and ran. I then called to them to halt or I would 
fire, and as they neared the front of my encampment in the street 
of D company, I fired my pistol, the shot from which took effect 
on two men. One of the North Carolina (my own; regiment, and 
the other of the Virginia regiment, the ball passing through the 
body of the former, and the hand of the latter. Private Bradley, 
company A, North Carolina volunteers, who was shot through the 
body whilst running in the crowd, died this morning, the 16th Au- 
gust, 1847. I here was concert of action between men of company 



i m ] 



204 



A with the men of company K. The shot was fired by me about half 
past 9 o'clock, p. in., and after repeated warnings and orders to 
the men to retire to their tents. I firmly believed, early in the 
evening, that a plot was on foot to take my life, and I became the 
more and more confirmed in that belief from what I witnessed. I 
had previously been informed that my life was threatened, and I 
now lay before you a note written by a private of my regiment, in 
whose~veracity I have every confidence. I ask for a court of in- 
quiry into this whole matter. 

With every respect, I am, dear sir, your obedient servant, 

ROBT. T. PAINE, 
Crlonely commanding N. C. volunteers, 

and field officer of the day. 
.Captain Irwin McDowell, 

Acting Adjutant General division, 

Head quarters, Buena Vista. 



H. 

Orders, \ Head-quarters, Buena Vista, 

No. 404. \ August 16, 1847. 

It is with great surprise that the general commanding has 
learned that, within the last few days, certain individuals of the 
Virginia and Mississippi regiments have gone to the camp of the 
North Carolina volunteers, and there combined with the disaffected 
of that body to resist the measures which have been deemed ne- 
cessary by the colonel of that regiment to enforce discipline in 
his corps; and that they have proceeded from one act to another, 
till, on the night of the 15th instant, setting all law and order at 
naught, they have presented the singular spectacle of a mutiny 
in an American regiment, some of whom, it is reported, are watch- 
ing the opportunity to assassinate the colonel of the North Caro- 
lina regiment; an act so base, that, were it not known where they 
belonged, it would be a pleasant delusion to believe they were 
. our enemies in disguise. What, however, is most humiliating to 
every one who feels at all for the honor and reputation of his 
country's arms, is, that the officers, to whom this honor and reputa- 
tion should be most dear, should, in the North Carolina regiment, be 
found combining against their colonel, and, by their indifference 
and negligence, giving to the disaffected and insubordinate that 
aid and assistance which should have been found actively employed in 
sustaining those placed over them, according to the rules and arti- 
cles of war. 

There is a legal and proper manner prescribed for the redress of 
all injuries, and for making all complaints for wrongs inflicted; 
and when officers fail to require a conformity to this rule from 
those committed to their orders, and for whose good conduct they 
are responsible, and allow them, under the cover of night and the 



205 [ 62 ] 

irresponsibility of a mob, to take redress in their own hands, they 
are unworthy the commission they bear. 

Had the company officers of the f^orth Carolina regiment, as a 
body, uniformily and actively discharged their duties to their men, 
and to the government, the disgraceful and unfortunate affair of 
last night had not happened. Upon them, therefore, must rest the 
stigma, and most happy would it be for themselves, their regiment, 
and the State which they represent, and for the country at large, could 
the fact of their negligence and its consequences never transpire 
beyond the limits of their own regiment, to be spread over the 
United States, there to be subject of wonder and reproach to 
all concerned. 

First Lieutenant Josiah S. Pender and First Lieutenant E. B. 
Singletery, North Carolina regiment, Private Jason Hunter, com- 
pany A, North Carolina regiment, and Private Thomas King, com- 
pany G, Virginia regiment, are, for being concerned in the matter 
referred to in this order, hereby dishonorably discharged the ser- 
vice of the United States, to take effect this day. 

JNO. E. WOOL, 
Brigadier General. 



[Endorsed.] 

Remarks. — I send this order because I have heard that the officers 
of the North Carolina regiment have addressed a letter to the Presi- 
dent, on the subject of Colonel Paine's conduct. I have never 
known in the volunteer service an officer who possessed more zeal 
and efficiency. He certainly is one of the best officers I have ever 
known in the volunteer service; and because he was efficient, his 
officers, prompted no doubt by others, combined to drive him from 



the regiment, 



JOHN E. WOOL, 

Brigadier General. 



I. 



Head-quarters North Carolina Volunteers, 

August 16, 1847. 

Sir: In accordance to Division Orders, No. 404, of the date of 
August 16, 1847, I am directed by the general commanding this 
brigade, to notify you that you are dishonorably discharged from 
the service of the Untied States; and will, upon the receipt of said 
order, leave forthwith, and be subject to arrest and imprisonment 
if again found in camp. 

I am, very respectfully, your obedient servant, 

ROBERT T. PAINE, 
Col. Com. JV. C. Reg. VoL 
Geo. E. B. Singeltery, Esq. 



[62] 



206 

E. 



Head-quarters, Buena Vista, 

August 28, 1847. 

Sir: Your communication of August 27 has been received by the 
commanding general, and he has directed me to state in answer the 
following, viz: 

He has examined your case and is unable to discover any cause 
for recalling your discharge. On the contrary, the more he has in- 
vestigated your conduct the more he is convinced of the propriety 
of the discharge. The general cannot doubt the statement of one 
so zealous and so devoted to the best interests of the service as 
Colonel Paine. 

Very respectfully, your obedient servant, 

W. B. FRANKLIN, A. A. B. C. 

Mr. G. E. B. Singletery. 



L. 

Buena Vista, June 24, 1847. 

Sir: The late requisition on our State for volunteers, my native 
county, Edgecombe, turned out two companies; at that time our 
State laws provided that the selection of field officers should be 
made by the regiment, but after the regiment had been completed 
our whig legislature took the selection from an entire democratic 
regiment, and gave the right of appointment to a whig governor, 
«nd that whig governor, contrary to the wishes of nine-tenths of 
the regiment, appointed Colonel R. T. Paine, who not only voted 
for, but supported with his utmost ability, that abominable pream- 
ble to the resolution (giving to our regiment twenty thousand dol- 
lars) " that the existing war with Mexico was brought about by the 
executive, that it was unjust," &c. 

There being considerable discontent and much danger of an en- 
tire breaking up (two companies having already disbanded on ac- 
count of the appointment) and rather than my State should incur 
censure in not furnishing her quota of men, I was resolved to serve 
my country even under a leader who had publicly confessed that 
he believed the cause he was engaged in to be unjust, but subse- 
quent events render my situation still more annoying. 

Captain Wilson having accepted the appointment of colonel of 
the 12th infantry tendered him, left me in command of A company, 
the second lieutenant of which has been sick for two months or 
more; the second lieutenant is. adjutant, and about a fortnight 
ago the second lieutenant resigned, Thus I am the only com- 
missioned officer doing duty in the company, and have performed 
all the duties appertaining to the commissioned officers of the com- 
pany for nearly three months, during which time I have requested 
of our colonel that there might be an election in my company, and 



207 



[ 62 ] 



in reply have not been treated with that respect I am entitled to 
as on other occasions. 

^ In this situation, my company without officers and all solicita- 
tions for an election of non-avail, I am under the circumstances 
compelled to tender, and most respectfully solicit, the acceptance 
of my resignation. 

I have been compelled thus to encroach upon your valuable time, 
having sent my resignation to the colonel, with the request that he 
would hand it to General Taylor, which he refused to do, sending 
it back with this answer inscribed thereon: that he believed I was 
more anxious to quit the service than to perform my duty, thereby 
adding insult to injury. I am not desirous of quitting the service, 
having received a penchant for military life at West Point, but un- 
der the circumstances I could not do otherwise than to request the 
acceptance of my resignation, and am in hopes that my motives 
may be properly appreciated. 

Most respectfully, your obedient servant, 

JOS. S. PENDER, 
1st Lieutenant^ A company ? North Carolina volunteers. 
Hon. James K. Polk. 



' % M. 

Wilmington, North Carolina, 

October 4, 1847. , 

Dear Sir: I sit down to perform the promise I made you in 
Mexico; this should have been done weeks ago at New Orleanse 
but really on arriving there I could not hear of any thing in thn 
form of news that was at all important, or that would have beef 
in the least interesting. We arrived at Wilmington on the 2nd ,o 
September, where I remained some four or five days with my friend 8 
before leaving for Washington. My health has very much im- 
proved, though the slightest change in my diet will bring upon me 
the old complaint! 

On arriving at the place fixed for my head-quarters I immedi- 
ately reported myself, but did not receive orders and instructions 
from the adjutant general for some two weeks after: during th e 
time I visited Edenton and Nagshead, where I passed a few day s 
very pleasantly, notwithstanding a gloom had been cast over thos e 
two places by the death of a fine young lady, the daughter of you r 
friend, Dr. Warren. At the latter place I had the pleasure of see _ 
ing Mrs. Paine and your daughter; I think I would have know n 
your daughter without being told who she was, so great is the like 
ness to yourself. 

Mrs. Paine hears all that occurs in our regiment, and a g reat 
deal more. Mr. Benbury says, she reads every paper that has any 
thing relating to the regiment, and hears of almost ail the letters 
brought into the United States, 

If so, I assure you, she hears much that has never happened. You 



[62] 



208 



•would be astonished at the number of false and exaggerated reports 
in circulation through this section of the State. Trifling circum- 
stances, that may have occurred in the regiment months ago, and 
hardly noticed there, have just been received here, magnified into 
hideous monsters; and for this we are indebted, in a great measure, 
to this accursed party strife, that must sooner or later affect the 
happiness of this delightful country. The whig editors of news- 
papers condemn the war, and preach to the people the distress and 
sufferings of the soldiers. The democrats, to balance accounts, 
accuse the colonel of a want of judgment, tyranny, and cruelty. 
So, between the two, the prospect for recruiting is pretty much 
blasted in this part of North Carolina. 

The news of the battles near the city of Mexico, the armistice, 
&c, you have or will hear before this reaches you, though no offi- 
cial report has as yet been received in the States. A rumor reached 
here yesterday of another bloody battle having been fought — that 
General Scott had entered and taken the city, or a part of it, and 
that Generals Worth, Pillow, and Smith had been killed. This, 
however, is Mexican news, and we are all now anxiously waiting 
the next arrival from Vera Cruz. 

Another rumor is afloat here — which, it appears, came from Ra- 
leigh. It is, that you have it in contemplation to resign and return 
home. My dear sir, if this be true, please do me the favor to ac- 
cept and approve of the resignation of William J. Price, once cap- 
tain company H, before you resign. I conceive that the regiment 
has disgraced itself, and I wish nothing more to do with it. I be- 
lieve it is viewed in that light by all that I have heard speak of it. 
Besides, when I joined the regiment, my first and greatest object 
was to get such men for officers as I conceived to be gentlemen, 
and with whom I would be willing to associate. Things are 
changed; I do not now wish to be connected with the regiment in 
any way. Believe me, it is not from a. desire to quit the service 
that I make this request, for it is my intention to get into another 
regiment immediately. 

Give my best respects to Colonel Fagg and Major Stokes: please 
say to the major that I received his letter yesterday, and thank him 
kindly for it; I will write to him next week, or so soon as I hear 
the truth of the rumored battle in Mexico. 

Very respectfully, 

* Your obedient servant, 

WM. J. PRICE, 
Captain North Carolina volunteers. 

To Colonel Robert T. Paine, 

North Carolina regiment volunteers. 
Camp Buena Vista, Mexico. 

I should be pleased at receiving a letter from you, so soon as it 
is convenient. My head-quarters, at Fayetteville. 

Wf J. P. 



209 [ 62 ] 

N. 

Camp at Aribpa's Mills, 

Mexico, February 2, 1848. 

Sir: I have heard that the company which I have the honor to 
command, or a portion of it, may be implicated by the evidence 
now being submitted to the honorable court over which you pre- 
side in the alleged mutiny of the 15th of August last, I have res- 
pectfully to request that I may be permitted to attend, and take 
such steps as I may deem proper. 

It may not be improper for me here to state that, at that time, I 
was quite unwell, and desire to know what is stated against the 
company it is my duty to defend as well as command, should the 
evidence in the case render it necessary. 

Very respectfully, your obedient servant, 

SAMUEL P. TIPTON, 
Captain Company K 7 JV\ C. Volunteers. 
Colonel Temple, 

President Court of Investigation. 

[Endorsed.] 

February 3d. Replied, that the proceedings were open, and he 
could attend of course. 

R. E. TEMPLE. 



O. 

Buena Vista, August 17. 

My Dear Sir: As you had but few moments left yesterday, after 
being discharged, it was impossible for the company to express to 
you, as they wished, their feeling in connexion with the outrage so 
unceremoniously inflicted on you. Rest assured you carry with you 
the admiration of all (except one) of the company lately under your 
command, and, I may say with truth, of the whole regiment, who 
may have troubled themselves enough to inquire into the facts. I 
was no| prepared to hear an order of that sort read out; but I am 
more surprised that I, too, was not cast out, u nolens volens." The 
exception above referred to is no one else than C. Manly, who, I 
learn, has been bearer of news from the company to the colonel for 
some time past, and his report of the doings of company H, on the 
night of the 15th instant. We {you and myself) are represented 
as countenancing, aiding, and urging the men to rise up in open 
rebellion, and a sweep the colonel off the board;" which, I sup- 
pose, was the ground upon which you were dismissed. Long be- 
fore you reach home your friends shall know the manner in which 
this proceeding has been conducted. You will return home with 
the proud consciousness of knowing that you have discharged your 
duty to your country. You will go to your friends clear from guilt 



[62] 



210 



or crime, while he who~has endeavored to place the mark of dis- 
grace upon you stands convicted, before a just God, of murder, 
deep, dark, and damning — the blood of an innocent man dripping 
fresh from his skirts. If we are to judge from the appearance of a 
man, or believe in physiognomy at all, we would never have taken 
him for an honest man. Since the unfortunate affair of the 15th, 
he looks much worse; and we can see written upon his forehead, 
in characters that cannot be misunderstood, U I am not Cain, yet am 
I Paine, the murderer." 

Your watch is in the cartridge box, sent with all other papers 
that *could be found of any value to you. My regard to Lieutenant 
Pender; and may each of you have a safe return. Lieutenant T. 
and all b'hoys join me in wishing you both health, prosperity, 
and a joyful welcome to the bosom of your friends. 
Most truly, your friend, 



Lieutenant G. E. B. Singletery. 



J. B. WHITAKER, 

Lieutenant in despondency. 



Saltillo, Mexico, 

August 28, 1847. 

In justice to First Lieutenant Geo. E. B. Singletery, I feel bound 
to make a statement of the facts which led to his discharge from 
the service of the United States. 

At the time of the discharge, I was orderly of the company which 
he commanded; was acquainted with every step taken by him in 
the company, and know that he discharged his duty, on every occa- 
sion, promptly and worthy a commanding officer. That he was 
vigilant in the prosecution of his duty, none dare deny, observing, 
almost to the letter, the rules and regulations governing the army; 
which can be testified to by the whole company, who considered 
him strict even to a fault; and the company was under better dis- 
cipline, in every respect, at the time of his discharge, than it had 
been before or since entering the service. 

On the night of the supposed attempt to assassinate the colonel 
of the North Carolina regiment, Lieutenant Singletery, when the 
alarm was first sounded, had his company in line and formed as 
soon as any, and much sooner than many others, himself at their 
head, and there remained, subject to the order of the colonel, until 
the adjutant, sent by the colonel himself, dismissed the regiment. 
For this, he is charged with* rebelling against Colonel Paine, and 
dismissed without even a hearing. 

J. B. WHITTAKER, 
Second Lieut. Co. H, JY. C. RegH Vols. 



211 [ 62 ] 

Saltillo, Mexico, 

August 28, 1847. 

Having examined the foregoing statement made by Lieutenant 
Whittaker, do hereby certify that it is correct, strictly true, and 
do further add, that on no occasion has he evinced a spirit of re- 
bellion, nor shown a disposition to disregard any order issued by 
the commanding colonel. 

E. YARBOROUGH, 

First Lieutenant Co. H. 
D. H. BLACK, 
Second Lieutenant Co. H. 



R. 

Camp, Arispa*s Mills, 
Near Saltillo, Mexico, August 30, 1847, 

We certify that Lieutenant Singletery did not induce, nor use 
any persuasions to induce us to sign the paper sent to Colonel 
Paine on the 16th instant, requesting him to resign his commis- 
sion, 

TILMAN BLALOCK, 
Captain company D, N. C. Vols. 
S. P. TIPTON, 

Captain company K. 
HENRY ROBERTS, 

Captain company B. 
W. P. GRAVES, 
Captain, A. C. fif., JV. VI Regt, Vols, 
BENJ. STATON, 
Second Lieutenant company- C. 
WM. McKERRALL, 
Second Lieutenant company E. 
S. R. NASH, 

First Lieutenant company D. 
A. F. KEITH, 
Second Lieutenant company D, 
S. NICHOLS, 

Second Lieutenant. 
J. M. ISRAEL, 
First Lieutenant company K, 
J. GORDON, 
Second Lieutenant company K. 
NELSON HOUGH, 
Second Lieutenant company C. 
THOS. M. DUNHAM, 

First Lieutenant. 



[ 62 ] 212 



W. E. KIRKPATRICK, 

Captain company J. 
H. A. AREA, 
First Lieutenant company C. 
D. S. JOHNSTON, 
First Lieutenant, commanding company F. 
R. H. WILEY, 
Second Lieutenant company F, 
J. T. MITCHELL, 
Second Lieutenant company F. 
Z. L. THOMPSON, 

Second Lieutenant. 
S. W. HYATT, 
Second Lieutenant company A, 



S. 

Head-quarters of the Army, 

Washington, August 20, 1846. 

Sir: In the numerous volunteer corps now in the service of the 
United States, vacancies in commissions, by resignations, deaths, 
and otherwise, will probably occur. 

The commissions of volunteer officers cannot properly be accepted 
by any functionary of the United States. You may, however, grant 
discharges from the service of the United States, " honorable," or 
otherwise, according to conduct in that service, upon the presenta- 
tion of such circumstances as may appear to you of grave interest 
to the officers themselves, or to the public service. 

Vacancies in volunteer commissions, up to the rank of colonel, 
inclusive, however created, may be filled in accordance with the 
laws of the States to which the discharged or deceased officers 
respectively belonged. 

Those laws may prescribe elections, or promotions by seniority. 
In the latter case, you may announce, in orders, the vacancies to 
be filled, and appoint the times of elections. Where the principle 
of promotion prevails, the next in rank may be put in orders to act 
in the higher places, (as also in the case of elections,) until the 
plea-sure of the governor or governors interested can be made 
known, in the form of commissions^. Hence it will be necessary to 
cause to be reported, to the particular governors, the discharges^ 
deaths, elections and promotions, which may occur among the 
officers in their respective corps. 

Considering your remoteness from the general head-quarters of 
the army against Mexico, but without intending to withdraw you 
from the command of Major General Taylor, you are authorized to act. 



213 [ 62 ] 

in the matters presented above, while you shall remain at a con- 
siderable distance from him. 

I remain, sir, with high respect, your most obedient servant, 

WINFIELD SCOTT. 
Brigadier General J. E. Wool, 

Commanding, fyc, $*c, 



San Antonio de Bexar, Texas. 



Official: 



irvin Mcdowell, 

Assistant Adjutant General. 



T. 

[Extract.] 



Camp near Monterey, 

August 19, 1847. 

My Dear General: Your letter of yesterday has this moment 
reached me; and, .although I regretted to make any change in my 
order in relation to the number and description of troops ordered 
to join the column under the command of General Scott, yet I am 
induced, on your representation of the state of the feelings which 
exists among the Mississippi and North Carolina regiments — which, 
I am deeply mortified to hear, is so highly unsoldierlike and in- 
subordinate — to countermand, for the present, so much of the said 
order as relates to Captain Deas's company; as you very correctly 
say, in this state of things, the only troops you could rely on, in the 
event of meeting the enemy, would be the Virginia regiment, your 
artillery, &c, including your dragoons and mounted men. The 
unwarrantable attack made on Colonel Paine, for no other cause 
but that of doing his duty with zeal, and in a soldierly manner, and 
compelling those under him to do so, is the most disgraceful and 
cowardly occurrence which has taken place since the commence- 
ment of the present war. The prompt measures you have taken to 
put down the same, which are entirely approved, I hope will re- 
store a proper state of discipline in that corps, (the North Carolina 
regiment,) and that it will, for the time to come, by its good con- 
duct, make amends for the errors it has fallen into. 

With respect and esteem, your friend and servant, 

Z. TAYLOR. 
General J. E. Wool, 

United States Army, 

Commanding at Saltillo, Mexico. 

Official: IRVIN McDOWELL, 

Assistant Adjutant General. 



[62] 



214 

u. 



Return of the number of persons who have deserted from the Vir- 
ginia^ Mississippi, and North Carolina regiments of volunteers, 
from the date of i heir arrival at Buena Vista up to the present 
time. 



Months. 



May. 1847-...., 

June', 1847 

July, 1847 

August, 1847.... 
September, 1847. 
October, 1847 . . . 
November, 1847 . 
December, 1847 . 
January, 1848... 
February, 1848 . , 



Total. 



30 



10 



Remarks. 



The Mississippi, and parts of the Virginia 
and North Carolina only. 



Returns from Virginia and North Carolina 
are np.t received . 



* Eight previous and two subsequent to August 15, 1847. 
t Previous to August 15, 1847. 

Head- quarters, Army of Occupation, 

Assistant Adjutant General's Office, March 14, 1848. 

irvin Mcdowell, a. a. m 






7/. £00$ OeSh. 09361